Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
Our gracious God Who has watched over us in all our yesterdays, in You is our assurance for today and our hope for tomorrow. We are grateful for these moments of prayer which invite us to look up to You. When we look down, we see so much to discourage us; when we look around, we see so much confusion. So, as we travel the highway of daily duty, give us ears to hear Your teachings and wills to follow Your way. Help us to be steadfast in our discipleship. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. BREELAND moved that when the House adjourns, it adjourn in memory of Dr. Walter L. Salters of Orangeburg, which was agreed to.
The SPEAKER ordered the following veto printed in the Journal:
March 7, 2000
Mr. Speaker and Members of the House:
I am hereby returning without my signature H. 4635, R. 244, an Act:
TO PROVIDE THAT STUDENTS IN ANY SCHOOL IN THE SCHOOL DISTRICT OF PICKENS COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE DISTRICTS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.
This veto is based upon my belief that H. 4635, R. 244, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."
For the above reason, I am vetoing H. 4635, R. 244.
Sincerely,
Governor Jim Hodges
Rep. J. BROWN for the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments.
Rep. HOWARD for the minority, submitted an unfavorable report on:
H. 4306 (Word version) -- Reps. Limehouse and Fleming: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-85 SO AS TO PROVIDE THAT A ONE DOLLAR SURCHARGE MUST BE IMPOSED IN ADDITION TO ANY OTHER PENALTY ASSOCIATED WITH AN OFFENSE CONTAINED ON A UNIFORM TRAFFIC TICKET ISSUED BY A LAW ENFORCEMENT OFFICER AND BE DISBURSED BY THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS TO FUND SPINAL CORD INJURY RESEARCH PROJECTS.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 4383 (Word version) -- Reps. Quinn, Gilham and Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-135 SO AS TO PROHIBIT PERSONS NOT LICENSED AS A DENTIST FROM PERFORMING CERTAIN ACTS RELATED TO DENTAL TREATMENTS IN THE OPERATION OF A DENTAL OFFICE OR PRACTICE AND TO PROVIDE PENALTIES, AND BY ADDING SECTION 40-15-83, SO AS TO REQUIRE DENTISTS TO MAINTAIN PATIENT RECORDS FOR AT LEAST FIVE YEARS AFTER WHICH THEY MAY BE DESTROYED.
Ordered for consideration tomorrow.
The following was introduced:
H. 4745 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO JOIN HIS FRIENDS AND FAMILY AT DEDICATION CEREMONIES IN LEE STATE PARK IN CELEBRATING THE LIFE OF THE LATE R. W. "BOB" MERCK OF LEE COUNTY AND HIS TWENTY-FIVE YEARS OF SERVICE TO PRESERVING THE NATURAL RESOURCES OF LEE COUNTY IN HIS ROLE AS COMMISSIONER AND CHAIRMAN OF THE LEE COUNTY SOIL AND WATER CONSERVATION DISTRICT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1216 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION SALUTING MS. LESLEY FONDREN OF NORTH MYRTLE BEACH ON BEING NAMED ONE OF SOUTH CAROLINA'S TOP STUDENT VOLUNTEERS IN THE FIFTH ANNUAL "PRUDENTIAL SPIRIT OF COMMUNITY AWARDS" PROGRAM.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1223 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION CONGRATULATING MS. BOBBIE SONEFELD OF HOPKINS, RICHLAND COUNTY, ON WINNING ONE MILLION DOLLARS FOR HER CREAM CHEESE BROWNIE PIE IN THE FIFTIETH ANNIVERSARY PILLSBURY BAKE-OFF CONTEST.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4746 (Word version) -- Rep. D. Smith: A BILL TO AMEND SECTION 14-7-860 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS TO BE EXCUSED FROM JURY DUTY, SO AS TO PROVIDE THAT A PERSON MUST BE EXCUSED FROM JURY DUTY IF THE PERSON PERFORMS SUCH ESSENTIAL SERVICES TO A BUSINESS, COMMERCIAL, OR AGRICULTURAL ENTERPRISE THAT THE PERSON'S ABSENCE WOULD CAUSE THE ENTERPRISE TO CLOSE OR CEASE TO FUNCTION.
Referred to Committee on Judiciary
S. 1200 (Word version) -- Senator Washington: A BILL TO PROVIDE ANNUAL SALARIES FOR THE MEMBERS AND THE CHAIRMAN OF THE BOARD OF TRUSTEES OF THE CHARLESTON COUNTY SCHOOL DISTRICT, AND TO PROVIDE THAT THESE SALARIES MUST BE IN LIEU OF PER DIEM AND MILEAGE ALLOWANCES FOR MEETINGS OF THE BOARD.
Referred to Charleston Delegation
The roll call of the House of Representatives was taken resulting as follows:
Allison Altman Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Canty Carnell Cato Cooper Dantzler Davenport Delleney Edge Emory Fleming Frye Gamble Gilham Gourdine Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hosey Huggins Inabinett Keegan Kelley Kennedy Kirsh Klauber Knotts Leach Lee Limehouse Littlejohn Lloyd Loftis Lucas McCraw McGee McLeod, M. McLeod, W. McMahand Meacham-Richardson Neal, J.M. Neilson Parks Perry Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Sharpe Sheheen Smith, D. Smith, F. Smith, R. Stille Stuart Taylor Tripp Trotter Whipper Wilder Wilkes Wilkins Woodrum
I came in after the roll call and was present for the Session on Wednesday, March 8.
Vida Miller Michael Easterday Olin Phillips Becky Martin William Witherspoon Converse Chellis Bill Cotty Byron Webb Michael Whatley Harry Askins William Clyburn Steve Lanford Glenn Hamilton Gary Simrill Harry Ott Joel Lourie David Mack Gilda Cobb-Hunter Clementa Pinckney Jackie Hayes Chuck Allen Ronald Townsend Joseph Neal James Smith Todd Rutherford Bessie Moody-Lawrence Robert Walker Annette Young-Brickell Douglas Jennings J. Cordell Maddox James Law Jerry Govan Theodore Brown Lynn Seithel Woodrow McKay
STATEMENT OF ATTENDANCE
Rep. T. BROWN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 7.
Announcement was made that Dr. Stanley C. Baker of Greenwood is the Doctor of the Day for the General Assembly.
Rep. R. SMITH and the Aiken Delegation presented to the House the Silver Bluff High School Navy Junior ROTC Drill Team, named "South Carolina Navy Junior ROTC State Champions", their drill team instructors and other school officials.
Rep. WEBB presented to the House, Head Football Coach Tommy Bowden of Clemson University, the 1999 ACC Coach of the Year.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4491 (Word version)
Date: ADD:
03/08/00 W. MCLEOD
Bill Number: H. 4010 (Word version)
Date: ADD:
03/08/00 RODGERS
Bill Number: H. 4010 (Word version)
Date: ADD:
03/08/00 GILHAM
Bill Number: H. 4383 (Word version)
Date: ADD:
03/08/00 SEITHEL
Rep. HARRELL moved that H. 4775, the General Appropriation Bill, be set for Special Order on Monday, March 13, 2000, immediately after the call of the third reading statewide contested Calendar and immediately after roll call every day thereafter, and continue each day until given a second reading, and the Bill be set for Special Order for third reading immediately following the roll call and continue each day until final disposition, which was agreed to.
Rep. HARRELL moved that while debating H. 4775, the General Appropriation Bill, the Bills on the Calendar be printed by number only, which was agreed to.
Rep. HARRELL moved that H. 4776, the Joint Resolution to appropriate monies from the Capital Reserve Fund for fiscal year 1999-2000, be set for Special Order immediately after third reading of H. 4775, and continue each day thereafter until given a second reading, which was agreed to.
Rep. HARRELL moved that while debating H. 4776, the Joint Resolution to appropriate monies from the Capital Reserve Fund for fiscal year 1999-2000, the Bills on the Calendar be printed by number only, which was agreed to.
Rep. HARRELL moved that H. 4777, the Surplus Appropriation Bill for Fiscal Year 1998-1999, be set for Special Order immediately after second reading of H. 4776, the Capital Reserve Fund, and continue each day thereafter until given a second reading, which was agreed to.
Rep. HARRELL moved that while debating H. 4777, the Surplus Appropriation Bill for Fiscal Year 1998-1999, the Bills on the Calendar be printed by number only, which was agreed to.
Rep. HARRELL moved that H. 4778, the Supplemental Appropriation Bill for Fiscal Year 1999-2000, be set for Special Order immediately after second reading of H. 4777, the Surplus Appropriation Bill for Fiscal Year 1998-1999, and continue each day thereafter until given a second reading, which was agreed to.
Rep. HARRELL moved that while debating H. 4778, the Supplemental Appropriation Bill for Fiscal Year 1999-2000, the Bills on the Calendar be printed by number only, which was agreed to.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3914 (Word version) -- Reps. Cato, Hayes and Mason: A BILL TO AMEND SECTION 38-39-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE PREMIUM SERVICE COMPANIES AND CANCELLATION OF INSURANCE CONTRACTS, SO AS TO PROVIDE FOR A PRO-RATA COMPUTATION OF THE GROSS UNEARNED PREMIUM TO BE RETURNED, AND PROVIDE THAT, IN THE EVENT A PREMIUM IS SUBJECT TO AN AUDIT TO DETERMINE THE FINAL PREMIUM AMOUNT, THE GROSS UNEARNED PREMIUM MUST BE CALCULATED UPON THE DEPOSIT PREMIUM AND THE INSURER SHALL RETURN TO THE PREMIUM SERVICE COMPANY, FOR THE INSURED'S ACCOUNT, THE GROSS UNEARNED PREMIUM BASED UPON THE DEPOSIT PREMIUM AMOUNT.
H. 3553 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 20-7-8305, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARD OF JUVENILE PAROLE REVIEWS OF CHILDREN COMMITTED TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT A JUVENILE COMMITTED FOR CERTAIN VIOLENT CRIMES DOES NOT HAVE THE RIGHT TO HAVE HIS CASE REVIEWED QUARTERLY AND THAT THE BOARD MAY CHOOSE INSTEAD TO CONDUCT ITS REVIEWS LESS FREQUENTLY, BUT AT LEAST ANNUALLY.
H. 4543 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 6-1-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF COUNTY OR MUNICIPAL TAXPAYER INFORMATION, SO AS TO CLARIFY THAT FINANCIAL INFORMATION PROVIDED IN A RETURN, REPORT, OR APPLICATION FILED WITH A COUNTY OR MUNICIPALITY IS CONFIDENTIAL BUT DOES NOT PROHIBIT THE SHARING OF DATA BETWEEN PUBLIC OFFICIALS AND EMPLOYEES, AND TO FURTHER PROVIDE THAT A PERSON IS SUBJECT TO CRIMINAL PENALTIES IF THE PERSON KNOWINGLY VIOLATES THIS SECTION.
The following Bill was taken up:
H. 3741 (Word version) -- Reps. Sharpe, Wilkes and Davenport: A BILL TO AMEND CHAPTER 2 OF TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENVIRONMENTAL PROTECTION FUND, BY ADDING ARTICLE 3 SO AS TO ENACT THE ENVIRONMENTAL EMERGENCY FUND ACT WHICH CREATES THE "ENVIRONMENTAL EMERGENCY FUND", DEFINES ENVIRONMENTAL EMERGENCIES, REQUIRES THAT ALL FINES AND PENALTIES COLLECTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, NOT OTHERWISE DESIGNATED, TO BE CREDITED TO THE FUND, ESTABLISHES A TWO HUNDRED FIFTY THOUSAND DOLLAR CAP FOR THE FUND, AND PROVIDES FOR USE OF THESE FUNDS; TO AMEND SECTION 58-5-720 RELATING TO THE FILING OF BONDS OF CERTIFICATES OF DEPOSIT BEFORE APPROVAL OF CONSTRUCTION OR OTHER WORK ON WATER OR SEWER SYSTEMS SO AS TO INCREASE THE AMOUNT OF THE BOND FROM A MINIMUM OF TEN THOUSAND DOLLARS TO TWENTY-FIVE THOUSAND DOLLARS AND A MAXIMUM OF FIFTY THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS; TO DESIGNATE SECTIONS 48-2-10 THROUGH 48-2-90 AS ARTICLE 1, CHAPTER 2, TITLE 48 ENTITLED ENVIRONMENTAL PROTECTION FUND; TO RENAME CHAPTER 2 OF TITLE 48, AS ENVIRONMENTAL PROTECTION FUNDS.
Rep. WILKES explained the Bill.
Rep. KNOTTS moved to adjourn debate on the Bill until Thursday, March 9, which was agreed to.
The following Bill was taken up:
H. 3266 (Word version) -- Reps. D. Smith, J. Brown, W. McLeod and Miller: A BILL TO AMEND CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT BY ADDING ARTICLE 7, SO AS TO ESTABLISH A VOLUNTARY CLEANUP PROGRAM AND TO PROVIDE FOR ITS PURPOSES AND THE PROCEDURES UNDER WHICH IT IS TO OPERATE.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name NBD\AMEND\11697AC00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be cited as the "South Carolina Brownfields/Voluntary Cleanup Act".
SECTION 2. Chapter 56, Title 44 of the 1976 Code is amended by adding:
Section 44-56-710. The purpose of the voluntary cleanup program is to:
(1) return to use industrial and commercial facilities whose redevelopment is complicated by real or perceived environmental contamination;
(2) provide an incentive to conduct response actions at a site by providing nonresponsible parties State CERCLA liability protection or by providing responsible parties with a covenant not to sue; and
(3) provide reimbursement to the department for oversight costs.
Section 44-56-720. As used in this article:
(1) 'CERCLA' means the Comprehensive Environmental Response, Compensation and Liability Act and its amendments, 42 U.S.C. '9601, et seq.
(2) 'Contaminant' includes, but is not limited to, any element, substance, compound, or mixture, including disease-causing agents, which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions, including malfunctions in reproduction, or physical deformations, in organisms or their offspring; 'contaminant' does not include petroleum, including crude oil or any fraction of crude oil, which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of paragraph (14) of CERCLA, Section 101, 42 U.S.C. Section 9601, et seq. and does not include natural gas, liquefied natural gas, or synthetic gas of pipeline quality or mixtures of natural gas and such synthetic gas.
(3) 'Department' means the South Carolina Department of Health and Environmental Control.
(4) 'Nonresponsible party' means any party which is neither:
(ii) a responsible party at the time the voluntary cleanup contract is signed, including lenders, economic development agencies, fiduciaries, trustees, executors, administrators, custodians, subsequent holders of a security interest; nor
(iii) a parent, subsidiary of, or successor to a responsible party.
(5) 'Oversight costs' means those costs, both direct and indirect, incurred by the department in implementing the Voluntary Cleanup Program.
(6) 'Property' means that portion of the site which is subject to the ownership, prospective ownership, or possessory or contractual interest of a responsible party or a nonresponsible party.
(7) 'Response action' means any assessment, cleanup, inspection, or closure of a site as necessary to remedy actual or potential damage to public health, public welfare, or the environment.
(8) 'Responsible party' means:
(a) the owner and operator of a vessel, as defined in CERCLA Section 101 (28), or a facility;
(b) any person who at the time of disposal of any hazardous substance owned or operated any facility at which such hazardous substances were disposed of;
(c) any person who by contract, settlement, or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of hazardous substances owned or possessed by such person, by any other party or entity, at any facility or incineration vessel owned or operated by another party or entity and containing such hazardous substances; and
(d) any person who accepts or accepted any hazardous substances for transport to disposal or treatment facilities, incineration vessels, as defined in CERCLA Section 101 (38), or sites selected by such person, from which there is a release, or a threatened release which causes the incurrence of response costs, of a hazardous substance.
(9) 'Site' means all areas where a contaminant has been released, deposited, stored, disposed of, or placed or otherwise comes to be located; 'site' does not include any consumer product in consumer use or any vessel, as defined in CERCLA Section 101 (28).
(10) 'Voluntary Cleanup' means a response action taken under and in compliance with this article.
(11) 'Voluntary Cleanup Contract' means a contract entered into between the department and a responsible or nonresponsible party to conduct a voluntary cleanup.
Section 44-56-730. (A) A site known or perceived to be impacted by a contaminant is eligible for participation in the voluntary cleanup program unless the site is listed or proposed to be listed on the National Priorities List pursuant to CERCLA Section 105.
(B) A responsible party who is not subject to a department order or permit for assessment and remediation is eligible to participate in the voluntary cleanup program for that site.
(C) All nonresponsible parties who demonstrate financial viability to meet their obligations under the contract are eligible to participate in the voluntary cleanup program.
Section 44-56-740. (A)(1) A voluntary cleanup contract entered into by or on behalf of a responsible party shall contain at a minimum:
(a) submission of a work plan, health and safety plan, and provisions from written progress reports;
(b) a grant of access to perform and oversee response actions; and
(c) a legal description of the property.
(2) A voluntary cleanup contract shall stipulate that it:
(a) is not a release of covenant not to sue for any claim or cause of action against a responsible party who is a nonsignatory to the contract;
(b) does not limit the right of the department to undertake future response actions; and
(c) is not a release or convenant not to sue for claims against a responsible party for matters not expressly included in the contract.
(3) After signing a voluntary cleanup contract, the responsible party shall prepare and submit the appropriate work plans and reports to the department. The department shall review and evaluate the work plans and reports for accuracy, quality, and completeness. If a work plan or report is not approved, the department shall notify the party concerning additional information or commitments needed to obtain approval.
(4) A voluntary cleanup contract executed on behalf of a responsible party inures to the benefit of the responsible party's signatories, parents, successors, assigns, and subsidiaries.
(5) A voluntary cleanup contract must give the responsible party the department's covenant not to sue for the work done in completing the response actions specifically covered in the contract and completed in accordance with the approved work plans and reports. The covenant not to sue must be contingent upon the department's determination that the responsible party successfully and completely complied with the contract.
(B)(1) Upon completion of the contract, the responsible party must submit a request to the department for a certificate of completion. If the department determines that a responsible party has successfully and completely complied with the contract and has successfully completed the voluntary cleanup approved under this article, the department shall certify that the action has been completed by issuing the party a certificate of completion. The certificate of completion shall:
(a) provide a covenant not to sue for the benefit of the responsible party, its signatories, parents, successors, and subsidiaries;
(b) indicate the proposed future land use and if a restrictive covenant is necessary for protection of health, safety, and welfare of the public, include a copy of the restrictive covenant entered into between the department and the responsible party and filed with the Register of Deeds or Mesne Conveyances in the appropriate county. A restrictive covenant remains in effect until a complete remediation is accomplished for unrestricted use; and,
(c) include a legal description of the site and the name of the site's owner.
(2) If the department determines that the responsible party has not completed the contract satisfactorily, the department shall notify in writing the responsible party and the current owner of the site, if different from the responsible party who signed the contract, that the contract has not been satisfied and shall identify any deficiencies.
(3) The covenant not to sue is revoked for a party or successor who changes the land use from the use specified in the certificate of completion to one which requires a more comprehensive cleanup.
(C) The department shall charge for and retain all monies collected as oversight costs. The South Carolina Hazardous Waste Contingency Fund must be reimbursed for any funds expended from this fund pursuant to Section 44-56-200.
(D) Public participation procedures for a voluntary cleanup contract entered into by a responsible party shall follow the same guidelines for public participation as those for the State CERCLA program and not inconsistent with the National Contingency Plan.
(E)(1) The department or the responsible party may terminate a voluntary cleanup contract by giving thirty days advanced written notice to the other. The department may not terminate the contract without cause.
(2) The covenant not to sue must be revoked for a party or its successors, or both, for conducting activities at the site that are inconsistent with the terms and conditions of the voluntary cleanup contract.
(3) If, after receiving notice that costs are due and owing, the responsible party does not pay the department oversight costs associated with the voluntary cleanup in a timely manner, the department may bring an action to recover the amount owed and all costs incurred by the department in bringing the action including, but not limited to, attorney's fees, department personnel costs, witness costs, court costs, and deposition costs.
(4) Termination of the contract does not affect any right the department has under any law to require additional response actions or recover costs.
(F) The department's decision to enter or not to enter into a contract is final and is not a contested case within the meaning of the South Carolina Administrative Procedures Act, Section 1-23-10, et seq.
Section 44-56-750. (A)(1) Before entering into a voluntary cleanup contract, the nonresponsible party must:
(a) submit to the department its proposed scope of work;
(b) identify a contact person, whose name, address, and telephone number must be updated throughout the term of the contract;
(c) provide a legal description of the property; and
(d) identify the business activities planned to be carried out on the property.
(2) Before entering into a voluntary cleanup contract, the nonresponsible party must certify to the department that:
(a) it is not a responsible party at the site;
(b) it is not a parent, successor, or subsidiary of a responsible party at the site;
(c) its activities will not aggravate or contribute to existing contamination on the site or pose significant human health or environmental risks; and
(d) it is financially viable to meet the obligations under the contract; and,
(B)(1) A voluntary cleanup contract entered into by or on behalf of a nonresponsible party shall contain at a minimum:
(a) submission of a work plan, health and safety plan, and provisions for written progress reports;
(b) a grant of access to perform and oversee response actions;
(c) a legal description of the property;
(d) a provision for the department to have the opportunity to inspect and to copy any and all documents or records in the nonresponsible party's custody, possession, or control which identifies or potentially identifies a responsible or potentially responsible party; and
(e) a provision that the department has an irrevocable right of access to the property once the property is acquired by the nonresponsible party. The right of access remains until a complete remediation is accomplished for unrestricted use.
(2) A voluntary cleanup contract shall stipulate that it:
(a) is not a release or covenant not to sue for any claim or cause of action against a responsible party who is a nonsignatory to the contract;
(b) does not limit the right of the department to undertake future response actions;
(c) is not a release or covenant not to sue for claims against a responsible party for matters not expressly included in the contract;
(d) does not release the nonresponsible party from liability for any contamination that the nonresponsible party causes or contributes to the site; and
(e) becomes null and void if the nonresponsible party submits information that is false or incomplete and that is inconsistent with the intent of the contract.
(3) After signing a voluntary cleanup contract, the nonresponsible party shall prepare and submit the appropriate work plans and reports to the department. The department shall review and evaluate the work plans and reports for accuracy, quality, and completeness. If a work plan or report is not approved, the department shall notify the party concerning additional information or commitments needed to obtain approval.
(4) A voluntary cleanup contract executed on behalf of a nonresponsible party must, in the departments sole discretion, provide a measurable benefit, to the State, the community, or the department.
(5) After considering existing and future use or uses of the site, the department may approve submitted work plans or reports that do not require removal or remedy of all discharges, releases, and threatened releases at a site as long as the response action:
(a) is consistent and compatible with the proposed future use of the site;
(b) will not contribute to or exacerbate discharges, releases, or threatened releases;
(c) will not interfere with or substantially increase the cost of response actions to address the remaining discharges, releases, or threatened releases; and
(d) requires deed notices or restrictions, or both, determined appropriate by the department, to be placed on the property after completion of the work plan.
(6) A voluntary cleanup contract executed on behalf of a nonresponsible party inures to the benefit of the nonresponsible party's lenders, signatories, parents, subsidiaries, and successors. A voluntary cleanup contract executed on behalf of a nonresponsible party does not inure to the benefit of a responsible party.
(7) The voluntary cleanup contract may provide the nonresponsible party protection from claims for contribution under CERCLA Section 113, 42 U.S.C. Section 9613 and Section 44-56-200 et seq. regarding environmental conditions at the site before the signing of the contract. This protection may be granted at the conclusion of the period allowed for comment from the site's potentially responsible parties as identified through a reasonable search.
(C)(1) Upon completion of the contract, the nonresponsible party must submit a request to the department for a certificate of completion. If the department determines that a nonresponsible party has successfully and completely complied with the contract and has completed the voluntary cleanup approved under this article, the department shall certify that the action has been completed by issuing the party a certificate of completion. The certificate of completion shall:
(a) provide the department's covenant not to sue the nonresponsible party for State CERCLA liability, except for releases and consequences that the nonresponsible party causes. This liability protection must not be granted or must be revoked if a contract or letter of completion is acquired by fraud, misrepresentation, knowing failure to disclose material information, or failure to satisfactorily complete the approved work plan;
(b) indicate the proposed future land use and if a restrictive covenant is required, include a copy of the restrictive covenant to be entered into between the department and the nonresponsible party and record the restrictive covenant with the Register of Deeds or Mesne Conveyances in the appropriate county. A restrictive covenant remains in effect until a complete remediation is accomplished for unrestricted use; and,
(c) include a legal description of the property and the name of the property's owner.
(2) If the department determines that the nonresponsible party has not completed the contract satisfactorily, the department shall notify in writing the nonresponsible party and the current owner of the site, if different from the nonresponsible party who signed the contract, that the contract has not been satisfied and shall identify any deficiencies.
(3) The State CERCLA liability protection is revoked if for a party or successor who changes the land use from the use specified in the certificate of completion to one which requires a more comprehensive cleanup.
(D) The department shall charge for and retain all monies collected as oversight costs. The South Carolina Hazardous Waste Contingency Fund must be reimbursed for any funds expended from the Fund pursuant to Section 44-56-200.
(E)(1) Upon signature of a voluntary cleanup contract by a nonresponsible party, the department shall provide notice and opportunity for public participation. Notification of the proposed contract must be placed in a newspaper in general circulation within the affected community. A comment period must be provided for thirty days from the date of newspaper publication. The public notice period must precede the department's scheduled date for execution of the contract. A public meeting must be conducted upon request to the department's Bureau of Land and Waste Management by twelve residents of South Carolina or an organization representing twelve or more residents of South Carolina. Under any other circumstances, a public meeting may be conducted at the department's discretion.
(2) Beginning with the thirty day notice period and continuing through completion of the terms of the contract, the nonresponsible party must post a sign, in clear view from the main entrance to the site, stating the name, address, and telephone number of a contact person for information describing the site's response actions and reuse.
(F)(1) The department or nonresponsible party may terminate a voluntary cleanup contract by giving thirty day's advance written notice to the other. The department may not terminate the contract without cause.
(2) The State CERCLA liability protection and contribution protection must be revoked for a party, or its successors, for conducting activities at the site that are inconsistent with the terms and conditions of the voluntary cleanup contract.
(3) If, after receiving notice that costs are due and owing, the nonresponsible party does not pay to the department oversight costs associated with the voluntary cleanup contract in a timely manner, the department may bring an action to recover the amount owed and all costs incurred by the department in bringing the action including, but not limited to, attorney's fees, department personnel costs, witness costs, court costs, and deposition costs.
(4) Termination of the contract does not affect any right the department has under any law to require additional response actions or recover costs.
(G) The department's decision to enter or not to enter into a contract is final and is not a contested case within the meaning of the South Carolina Administrative Procedures Act, Section 1-23-10, et seq.
Section 44-56-760. Beginning in the year 2010, the department shall review the voluntary cleanup program established pursuant to this article and report to the General Assembly on the activities of the program and, where applicable, make recommendations for any needed changes or improvements."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WILKES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3925 (Word version) -- Rep. Sharpe: A BILL TO AMEND ARTICLE 1, CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE AND ADD DEFINITIONS, TO CHANGE REFERENCES FROM "WATER SUPPLIES" TO "WATER SYSTEMS", TO REVISE VARIOUS PUBLIC WATER SYSTEM CONSTRUCTION PERMIT REQUIREMENTS, INCLUDING REVISING THE WATER SYSTEMS CLASSIFICATIONS, TO CONFORM REFERENCES AND TERMS TO THE REVISED DEFINITIONS, TO REVISE AN EXEMPTION RELATING TO RECREATIONAL ACTIVITIES IN RESERVOIRS, TO CLARIFY THE PENALTY FOR CONTINUOUS PUBLIC WATER SYSTEM VIOLATIONS, AND TO DELETE THE PROVISION THAT ANNUAL WATER SYSTEM FEES MUST BE ESTABLISHED ANNUALLY IN THE GENERAL APPROPRIATIONS ACT AND PROVIDE THAT THESE FEES MUST BE ESTABLISHED IN REGULATION.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name NBD\AMEND\NBD.DOC11804AC00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 1, Chapter 55, Title 44 of the 1976 Code is amended to read:
Section 44-55-10. This article should be known and may be cited as the State Safe Drinking Water Act.
Section 44-55-20. As used in this article:
(a)(1) 'Board' means the South Carolina Board of Health and Environmental Control which is charged with responsibility for implementation of the Safe Drinking Water Act.
(b)(2) 'Director' 'Commissioner' means the duly constituted director commissioner of the department or his authorized agent.
(3) 'Community Water Systems' means a public water system which serves at least fifteen service connections used by year-round residents or regularly serves at least twenty-five year-round residents. This may include, but is not limited to, subdivisions, municipalities, mobile home parks, and apartments.
(4) 'Construction permit' means a permit issued by the department authorizing the construction of a new public water system or the expansion or modification of an existing public water system.
(c)(5) 'Contamination' means the adulteration or alteration of the quality of the water of a waterworks public water system or water treatment facility by the addition or deletion of any substance, matter, or constituent except as authorized pursuant to this article.
(d)(6) 'Cross-connection' means any actual or potential connection or structural arrangement between a public water supply system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, and other temporary or permanent devices through which or because of which backflow can or may occur are considered to be cross-connections.
(e)(7) 'Department' means the South Carolina Department of Health and Environmental Control, including personnel thereof authorized and empowered by the Board to act on behalf of the department or board.
(8) 'Human consumption' means water used for drinking, bathing, cooking, dish washing, and maintaining oral hygiene or other similar uses.
(9) 'Noncommunity water system' means a public water system which serves at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year and does not meet the definition of a community water system.
(10) 'Nontransient noncommunity water system' means a public water system that is not a community water system and that regularly serves at least twenty-five of the same persons over six months per year.
(11) 'Operating permit' means a permit issued by the department that outlines the requirements and conditions under which a person must operate a public water system. (f)(12) 'Person' means an individual, partnership, copartnership, cooperative, firm, company, public or private corporation, political subdivision, government agency, trust, estate, joint structure company, or any other legal entity or their its legal representative, agent, or assigns.
(g)(13) 'Public water supply system' means:
(1)(a) any publicly or privately owned waterworks system which provides drinking water, whether bottled or, piped, or delivered through some other constructed conveyance for human consumption, including the source of supply whether the source of supply is of surface or subsurface origin;
(2)(b) all structures and appurtenances used for the collection, treatment, storage, or distribution of drinking water delivered to point of meter of consumer or owner connection;
(3)(c) any part or portion of the system, including any water treatment facility, which in any way alters the physical, chemical, radiological, or bacteriological characteristics of drinking the water; provided, that however, a public water supply shall system does not include a drinking water system serving a single private residence or dwelling. A separately owned system with its source of supply from another waterworks system shall must be a separate public water supply. system. A connection to a system that delivers water by a constructed conveyance other than a pipe must not be considered a connection if:
( i) the water is used exclusively for purposes other than residential uses consisting of drinking, bathing, and cooking or other similar uses;
(ii) the department determines that alternative water to achieve the equivalent level of public health protection provided by the applicable State Primary Drinking Water Regulations is provided for residential or similar uses for drinking and cooking; or
(iii) the department determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level of protection provided by the applicable State Primary Drinking Water Regulations.
(14) 'State Water System' means any water system that serves less than fifteen service connections or regularly serves an average of less than twenty-five individuals daily.
(15) 'Transient noncommunity water system' means a noncommunity water system that does not regularly serve at least twenty-five of the same persons over six months a year.
(h)(16) 'Well' means a bored, drilled or driven shaft, or a dug hole, whose depth is greater than the largest surface dimension, from which water is extracted or injected. This shall include includes, but is not be limited to, wells used for water supply for irrigation, industrial and manufacturing processes, or drinking water, wells used for underground injection of waste for disposal, storage, or drainage disposal, wells used in mineral or geothermal recovery, and any other special process wells.
( i)(17) 'Well contractor driller' means any an individual, corporation, partnership, association, political subdivision, or public agency of this State who is licensed with the South Carolina Department of Labor, Licensing and Regulation for constructing wells and is in immediate supervision of and responsible for the construction, development, drilling, testing, maintenance, repair, or preparation for abandonment of any well as defined by this chapter. This term shall does not include persons owners constructing, opening, or closing abandoning wells on their own property for their own personal use only, except that these owners are not required to be licensed by the Department of Labor, Licensing and Regulation for construction wells.
Section 44-55-30. In general, the design and construction of any public water supply shall system must be in accord with modern engineering practices for such these installations. The board shall establish such rules, regulations, procedures, or standards as may be necessary to protect the health of the public and to insure ensure proper operation and function of public water supplies and waterworks systems. Such rules and These regulations may prescribe minimum design criteria, the requirements for the issuance of construction and operation permits, operation and maintenance standards, and bacteriological, chemical, radiological, and physical standards for public water supplies systems and other appropriate rules and regulations.
Section 44-55-40. (a)(A) Before the construction, expansion, or modification of any public water supply system, application for a permit to construct shall must be made to, and a permit to construct obtained from, the department.
(b)(B) All applications for a permit to construct shall include such engineering, chemical, physical, radiological, or bacteriological data as may be required by the department and shall must be accompanied by engineering plans, drawings, and specifications prepared by an engineer registered in this State, which shall carry his official signature and seal or under the direct supervision of a person properly qualified to perform engineering work as provided in Chapter 22, Title 40 and must be signed or certified by a professional engineer as defined in Chapter 22, Title 40.
(c)(C) Upon the completion of construction, modification, or extension to a public water supply system, arrangements shall must be made for a final inspection and approval before operation as prescribed by regulation. No new facility shall may be operated prior to approval by the department.
(d)(D) Any public water supply shall system must be adequately protected and maintained so as to continuously provide safe and potable water in sufficient quantity and pressure and free from potential hazards to the health of the consumers. No person shall may install, permit to be installed, or maintain any unprotected cross-connection between a public water supply system and any other water system, sewer, or waste line or any piping system or container containing polluting substances. To facilitate the prevention and control of cross-connections, the department shall certify qualified individuals who are capable of testing cross-connection control devices to insure ensure their proper operation.
(E) Hand dug and bored wells constructed with casing materials of rock, concrete, or ceramic must not be used as a source of water for a public water system.
(e)(F) In exercising its responsibility under this article, the department is authorized to investigate the public water supply system as often as is deemed the department considers necessary by it. Records of operation of public water supplies shall systems must be kept on forms approved or furnished by the department and this data shall must be submitted at such times and intervals as deemed the department considers necessary by it. Samples of water shall must be collected and analyzed by the supplier systems as required.
(f)(G) The department may authorize variances or exemptions from the regulations issued pursuant to this section under conditions and in such manner as the board deems considers necessary and desirable; provided, however, that such these variances or exemptions are must be permitted under conditions and in a manner which is not less stringent than the conditions under, and the manner in which, variances and exemptions may be granted under the Federal Safe Drinking Water Act.
(g)(H) The department or its authorized representative shall have has the authority to enter upon the premises of any public water supply system at any time for the purpose of carrying out the provisions of this article.
(h)(I) The department may issue, modify, or revoke any order to prevent any violation of this article after adequate notice and proper hearing as required by the Administrative Procedures Act.
(i)(J) The department may hold public hearings and compel the attendance of witnesses; conduct studies, investigations, surveillance of laboratories, including certification programs, and research with respect to the operation and maintenance of any public water supply, waterworks system and water treatment facility; system; adopt and implement plans for the provision of drinking water under emergency circumstances; and issue, deny, revoke, suspend, or modify permits under such conditions as it may prescribe for the operation of any public water supply, waterworks system or water treatment facility; provided, system; however, that no permit shall may be revoked without first providing an opportunity for a hearing.
(j)(K) The Director Commissioner of the Department of Health and Environmental Control shall classify all public water supplies system treatment facilities giving due regard to the size, type, complexity, physical condition, source of supply, and treatment process employed by such the public water supply system treatment facility and the skill, knowledge, and experience necessary for the operation of such supplies these facilities. The classification shall be based on the following groups Each treatment facility must be classified at the highest applicable level of the following classification system, with Group VII Treatment being the highest classification level:
Group I Treatment. All community water supplies which serve less than fifty taps and do not treat the water; all community water supplies which purchase all potable water from another public water supply and do not chemically treat the water; and all noncommunity water supplies which do not treat the water A facility which provides disinfection treatment using a sodium hypochlorite or calcium hypochlorite solution as the disinfectant.
Group II Treatment. All community water supplies which serve fifty or more taps, obtain their water from wells or springs, and do not chemically treat the water A facility which provides disinfection treatment using gaseous chlorine or chloramine disinfection or includes sequestering, fluoridation, or corrosion control treatment.
Group III Treatment. All public water supplies that treat water by simple addition of a chemical for the purpose of pH adjustment or disinfection, or which control taste and color by carbon absorption A facility treating a groundwater source which is not under the direct influence of surface water, utilizing aeration, coagulation, sedimentation, lime softening, filtration, chlorine dioxide, ozone, ultra-violet light disinfection, powdered activated carbon addition, granular activated carbon filtration or ion exchange, or membrane technology or that includes sludge storage or a sludge dewatering process.
Group IV Treatment. All public water supplies employing conventional treatment techniques in the treatment of surface or ground water A facility treating a surface water source or a groundwater source which is under the direct influence of surface water, utilizing aeration, coagulation, clarification with a minimum detention time of two hours in the clarification unit, lime softening, rapid rate gravity filtration (up to four gallons per minute per square foot), slow sand filtration, chlorine dioxide, powdered activated carbon addition, or granular activated carbon filtration or ion exchange or that includes sludge storage or a sludge dewatering process. This classification also includes any treatment facility which does not provide filtration for a surface water source or a groundwater source which is under the direct influence of surface water.
Group V Treatment. All public water supplies employing advanced treatment techniques, such as reverse osmosis or activated carbon filtration, or all water systems which serve a total population in excess of two hundred thousand A facility treating a surface water source or a groundwater source which is under the direct influence of surface water, utilizing high rate gravity filtration (greater than four gallons per minute per square foot), clarification with a detention time of less than two hours in the clarification unit, diatomaceous earth filtration, or ultra-violet light disinfection.
Group VI Treatment. A facility treating a surface water source or a groundwater source which is under the direct influence of surface water, utilizing direct filtration, membrane technology, or ozone.
Group VII Treatment. Drinking water dispensing stations and vending machines which utilize water from an approved public water system or bottled water plants which treat water from the distribution system of a public water system or from a groundwater source which is not under the direct influence of surface water.
(L) The Commissioner of the Department of Health and Environmental Control shall classify all public water distribution systems giving due regard to the size, type, and complexity of the public water distribution system and the skill, knowledge, and experience necessary for the operation of these systems. The classification must be based on :
Group I Distribution. Distribution systems associated with state and transient noncommunity water systems.
Group II Distribution. Distribution systems associated with community and nontransient noncommunity public water systems which have a reliable production capacity not greater than six hundred thousand gallons a day and which do not provide fire protection.
Group III Distribution. Distribution systems associated with community and nontransient noncommunity water systems which have a reliable production capacity greater than six hundred thousand gallons a day but not greater than six million gallons a day (MGD) or have a reliable production capacity not greater than six hundred thousand gallons a day and provide fire protection.
Group IV Distribution. Distribution systems associated with community and nontransient noncommunity water systems which have a reliable production capacity than six MGD, but not greater than twenty MGD.
Group V Distribution. Distribution systems associated with community and nontransient noncommunity water systems which have a reliable production capacity greater than twenty MGD.
(k)(M) It shall be is unlawful for any a person to operate a public water supply treatment facility or distribution system classified in Group II through V of subsection (j) of SECTION 44-55-40 subsection (K) or (L) unless the operator-in-charge holds a valid certificate of registration issued by the Board of Certification of Environmental Systems Operators South Carolina Environmental Certification Board in a grade corresponding to the classification of the public water supply treatment facility or distribution system supervised by him the operator in charge. All public water supplies treatment facilities classified in Group IV and V of Treatment through Group VI Treatment of subsection (j) of SECTION 44-55-40 (K) shall must have an operator of the appropriate grade certified by the South Carolina Board of Certification of Environmental Systems Operators Certification Board on duty while the facility is in operation.
(l) (N) Effective July 1, 1983, it shall be is unlawful for any a person to engage in the business of well contracting drilling or represent themselves himself or herself to the public as a well contractors driller without (i) obtaining certification from the South Carolina Board of Certification of Environmental Systems Operators, Certification Board or (ii) employing well drillers which are certified by the South Carolina Board of Certification of Environmental Systems Operators Certification Board. Persons constructing or abandoning wells on their own property for their own personal use only are not required to be licensed by the Department of Labor, Licensing and Regulation.
(m)(O) The board, to ensure that underground sources of drinking water are not contaminated by improper well construction and operation, shall be authorized to may promulgate regulations as developed by the Advisory Committee established pursuant to Section 44-55-45, setting standards for the construction, maintenance, operation, and abandonment of any well except for wells where well construction, maintenance, and abandonment are regulated by the Groundwater Use Act of 1969, Sections 49-5-10 et seq., ; the Oil and Gas Exploration, Drilling, Transportation, and Production Act, Sections 48-43-10 et seq., oil and gas production,; or the Water Use Reporting and Coordination Act, Section 49-4-10 et seq. For such these excepted wells, the board is authorized to adopt may promulgate regulations. The board shall further ensure that all wells are constructed in accordance with the standards. The board shall make available educational training on the standards to well drillers or well contractors who desire such this training.
(P) The owner of a public water system must possess a valid operating permit to operate a public water system in this State.
Section 44-55-45. An advisory committee to the board shall must be appointed for the purpose of advising the board during development or subsequent amendment of regulatory standards for the construction, maintenance, operation, and abandonment of wells subject to the jurisdiction of the board. The Advisory Committee shall be is composed of eight members appointed by the board. Five members shall must be active well contractors, drillers; one member shall must be a registered professional engineer with experience in well design and construction,; one member shall must be a consulting hydrogeologist with experience in well design and construction,; and one member shall must be engaged in farming and shall represent the public at large. Three ex officio members shall also serve on the Advisory Committee, one of whom shall must be an employee of the Department of Health and Environmental Control, and appointed by the Director thereof commissioner,; and two of whom shall must be employees of the South Carolina Department of Natural Resources and appointed by the director thereof.
The term of office of members of the Advisory Committee shall be is for four years and until their successors are appointed and qualify with a maximum. No member may serve more than of two consecutive terms. The initial terms of office shall must be staggered and any member may be removed for cause after proper notification and an opportunity to be heard.
Section 44-55-50. (1) (A) In establishing rules, regulations, procedures, and standards under Section 44-55-30 and in exercising supervisory powers under Section 44-55-40 the board or department shall must not prohibit or fail to include provisions for recreational activities including boating, water skiing, fishing, and swimming in any reservoir without first making and publishing specific findings that such these recreational activities would be injurious to the public health and assigning with particularity the factual basis and reasons for such these decisions and the reasons therefor.
(2)(B) If the board or department determines that such these recreational activities would be injurious to the public health it shall cause to have published at least once a week for six consecutive weeks in a newspaper of general circulation in the county or area affected a summary of its findings. Any citizen of this State who objects to the findings of the board or department shall be is entitled to request a public hearing thereon, which the board or department shall conduct within thirty days after the request. The public hearing shall must be a formal evidentiary hearing where testimony shall must be recorded. After such the hearing the board or department shall review its initial findings and shall within thirty days after the hearing affirm or reevaluate its findings in writing and give notice thereof to known interested parties. The findings of the board or department may then be appealed to the circuit court, which shall be is empowered to modify or overrule such the findings if the court determines them the findings to be arbitrary or unsupported by the evidence. Notice of intention to appeal shall must be served on the board or department within fifteen days after it has affirmed or reevaluated its initial findings and copies thereof shall also must be served on known interested parties.
(C) Any A public water supply agency system utilizing a fully owned and protected water supply reservoir that does not now employ or require filtration shed as its water supply is exempt from the provisions of this section.
Section 44-55-60. (a)(A) An imminent hazard shall be is considered to exist when in the judgment of the director commissioner there is a condition which may result in a serious immediate risk to public health in a public water supply system.
(b)(B) In order to eliminate an imminent hazard, the director commissioner may, without notice or hearing, issue an emergency order requiring the water supplier system to immediately take such action as is required under the circumstances to protect the public health. A copy of the emergency order shall must be served by certified mail or other appropriate means. An emergency order issued by the director shall commissioner must be effected immediately and binding until such the order is reviewed and modified by the board or modified or rescinded by a court of competent jurisdiction.
Section 44-55-70. Whenever a A public water supply system shall, as soon as practicable, give public notice if it:
(1) is not in compliance with the State Primary Drinking Water Regulations;
(2) fails to perform required monitoring; (3) is subject to granted a variance granted for an inability to meet a maximum contaminant level requirement;
(4) is subject to granted an exemption; or
(5) fails to comply with the requirements prescribed by a variance or exemption, the system shall, as soon as practicable, give public notice of such condition or noncompliance.
The board shall prescribe procedures for such the public notice, including procedures for notification by publication in a newspaper of general circulation, notification to be given in the water bills of the systems, as long as a condition of violation exists, and such other notification as is deemed considered appropriate by the board.
Section 44-55-80. (a)(A) It shall be is unlawful for any a person to fail to comply with:
(1) the provisions of this article or the regulations promulgated pursuant to this article; to fail to comply with
(2) the conditions of any permit issued under this article; or to fail to comply with
(3) any order of the department.
(b)(B) It shall be is unlawful for any a person to render a public water supply system, or part or portion thereof of a public water system, inoperable or unusable by means of contamination, vandalism, sabotage, or assault upon or detention of employees of such supply the system; or to misrepresent any fact related to the operation of such a public water supply system.
Section 44-55-90. (a)(A) Any person wilfully violating the provisions of Section 44-55-80 shall be deemed is guilty of a misdemeanor and upon conviction shall must be fined not more than ten thousand dollars a day for each day of per violation or imprisoned for not more than one year, or both.
(b)(B)(1) Any A violation of Section 44-55-80 by any a person shall render renders the violator liable to the State for a civil penalty of a sum which is not more than five thousand dollars a day for each day of per violation.
(2) The department may administer penalties as otherwise provided herein for violations of this article, including any order, permit, regulation, or standard or may request the Attorney General to commence an action under this subsection in an appropriate court of the State to secure such this penalty.
(c)(C) The department may cause to be instituted a civil action in any court of applicable jurisdiction for injunctive relief to prevent violation of this article or any order issued pursuant to Sections 44-55-40, 44-55-60 and 44-55-70.
Section 44-55-100. To carry out the provisions and purposes of this article, the department is authorized and empowered to may:
(a)(1) enter into agreements, contracts, or cooperative arrangements, under such the terms and conditions as it deems considers appropriate, with other state, federal, or interstate agencies, municipalities, educational institutions, local health departments, or other organizations or individuals;
(b)(2) receive financial and technical assistance from the federal government and other public or private agencies;
(c)(3) participate in related programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations and collect and file such reports, surveys, inventories, data, and information which may be required by the federal Safe Drinking Water Act;
(d)(4) establish and collect fees for collecting samples and conducting laboratory analyses as may be necessary.
Section 44-55-120. (A) In order to comply with the federal Safe Drinking Water Act, in addition to other fees authorized under this article, the department is authorized to collect an annual fee, which must be established annually in the general appropriations act, from each public drinking water system. The schedule for the annual fee, established pursuant to this article, may not be increased except in accordance with the Administrative Procedures Act. Upon appropriation of additional state funds for this specific purpose or state funds not otherwise allocated for specific purposes to implement the provisions of the federal Safe Drinking Water Act, the department shall adjust the fee schedule by an equivalent amount.
(B) There is established in the treasurer's office a separate an account entitled the Safe Drinking Water Trust Fund which is separate and distinct from the Environmental Protection Fund established pursuant to Chapter 2, Title 48. The fees collected from the public water systems pursuant to this section must be deposited in this fund into the Drinking Water Trust Fund and must be provided to the department solely for purposes of implementing this chapter and the federal Safe Drinking Water Act. The fees must be established in accordance with fees which fund the Environmental Protection Fund pursuant to Chapter 2, Title 48.
(C) There is established a Safe Drinking Water Advisory Committee for the purpose of advising and providing an annual review to the department and General Assembly on the fee schedule and the use of revenues deposited in the Safe Drinking Water Trust Fund. The Governor shall appoint the advisory committee which must be composed of one member representing water systems with fifty thousand or more service connections, one member representing water systems with at least twenty-five thousand but fewer than fifty thousand service connections, one member representing water systems with at least ten thousand but fewer than twenty-five thousand water service connections, one member representing water systems with at least one thousand but fewer than ten thousand service connections, one member representing water systems with fewer than one thousand service connections, and the State Consumer Advocate and the Commissioner of the Department of Health and Environmental Control, or a designee.
(D) The department may deny a construction permit to any new system which is unable to demonstrate viability to comply with the Safe Drinking Water Act or where connection to an existing, viable water system is feasible. The department also may revoke or deny renewal of an operating permit to any existing water system which is unable to demonstrate its ability to continue compliance with this act.
(E) A water system may increase water rates to each service connection by an amount necessary to recover the cost of the safe drinking water fee without seeking approval of the public service commission. The total funds generated from rate increases to service connections for the purpose of paying the safe drinking water fee may not exceed the cost amount of the fee established in the General Appropriations Act pursuant to subsection (B)."
SECTION 2. This act takes effect upon approval by the Governor except that the amendments to Section 44-55-40(K), (L), and (M) as newly designated in Section 1 of this act, take effect January 1, 2001. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. WILKES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3434 (Word version) -- Reps. Campsen, Altman, Davenport, Inabinett and Sharpe: A BILL TO AMEND CHAPTERS 4 AND 5 OF TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WATER USE REPORTING AND COORDINATION ACT AND THE GROUNDWATER USE ACT, SO AS TO DENOMINATE THESE CHAPTERS AS THE "SOUTH CAROLINA SURFACE WATER WITHDRAWAL AND REPORTING ACT" AND THE "GROUNDWATER USE AND REPORTING ACT" RESPECTIVELY, AND, AMONG OTHER THINGS, TO CHANGE THE THRESHOLD AMOUNT OF WATER WITHDRAWAL REQUIRING REGISTRATION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM A DAILY MEASUREMENT TO A MONTHLY MEASUREMENT; TO REVISE THE CATEGORIES OF WATER USERS REQUIRED TO REGISTER TO INCLUDE ONLY WATER WITHDRAWERS; TO REQUIRE WATER WITHDRAWERS TO REPORT TO THE DEPARTMENT ANNUALLY, RATHER THAN QUARTERLY; TO REVISE DROUGHT REPORTING PROCEDURES; TO REQUIRE NOTIFICATION TO THE DEPARTMENT FOR CERTAIN DEPTH WELL DRILLING IN A NONCAPACITY USE AREA BEFORE DRILLING BEGINS RATHER THAN AFTER THE WELL IS DRILLED AND TO REQUIRE PUBLIC NOTICE BE PROVIDED OF SUCH WELL DRILLING; TO AUTHORIZE THE DEPARTMENT TO INITIATE THE PROCESS FOR DESIGNATING AN AREA AS A CRITICAL USE AREA, RATHER THAN AUTHORIZING ONLY LOCAL GOVERNMENTS TO INITIATE THIS PROCESS; TO PROVIDE THAT THE ISSUANCE OF PERMITS IN CAPACITY USE AREAS MUST BE BASED UPON LOCALLY DEVELOPED PLANS RATHER THAN ON DEPARTMENT GUIDELINES AND TO PROVIDE AN EXCEPTION; AND TO PROVIDE PENALTIES.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\9314HTC00), which was adopted:
Amend the bill, as and if amended, Section 49-4-50(B) page 6, line 40 after /by/ by inserting /one of the following/ so when amended Section 49-4-50(B) reads:
/(B) The quantity of surface water withdrawn must be determined by one of the following:
(1) flow meters accurate to within ten percent of calibration;
(2) the rated capacity of the pump in conjunction with the use of an hour meter, electric meter, or log;
(3) the rated capacity of the cooling systems;
(4) any standard or method employed by the United States Geological Survey in determining these quantities;
(5) any other method found to provide reliable water withdrawal data approved by the department./
Amend the bill further, Section 49-5-30(14) page 20, beginning on line 13, by deleting /three hundred thousand gallons in/ and inserting /three million gallons in any one month/ so when amended Section 40-5-30(14) reads:
/(14) 'Nonconsumptive use' means the use of water from an aquifer that is returned to the aquifer from which it was withdrawn, at or near the point from which it was withdrawn, without diminishing the quantity any more than three million gallons in any one month or without substantial impairment in quality. /
Amend the bill further, Section 49-5-30(21) page 20, line 34 after /Type/ by inserting /I/ so when amended Section 40-5-30(21) reads:
/(21) 'Type I well' means a well constructed with an open hole in a bedrock aquifer./
Amend the bill further, Section 49-5-50(B) page 21, line 15 by deleting /thirtieth/ and inserting /thirty/ so when amended Section 49-5-50(B) reads:
/ (B) A groundwater withdrawer or proposed groundwater withdrawer outside of a designated capacity use area in the Coastal Plain shall notify the department of its intent to construct a new well, or increase the rated capacity of an existing well, at least thirty days before initiating the action. This notification must be made on forms provided by the department. /
Amend the bill further, Section 49-5-90(B) page 23, line 31 after /by/ by inserting /one of the following/ so when amended Section 49-5-90(B) reads:
/ (B) The quantity of groundwater withdrawn must be determined by one of the following:
(1) flow meters accurate to within ten percent of calibration;
(2) the rated capacity of the pump in conjunction with the use of an hour meter, electric meter, or log;
(3) the rated capacity of a cooling system;
(4) any standard or method employed by the United States Geological Survey in determining such quantities; or
(5) any other method approved by the department which will provide reliable groundwater withdrawal data. /
Amend the bill further, Section 49-5-100, page 24, by inserting after line 33:
/ (H) A person or entity aggrieved by the department's decision on any permit application or revocation pursuant to this section may request a contested case hearing. The contested case must proceed in accordance with Articles 3 and 5, Chapter 23 of Title 1. /
Renumber sections to conform.
Amend title to conform.
Rep. WILKES explained the amendment.
The amendment was then adopted.
Rep. OTT proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\ AMEND\11845AC00), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 3 of the bill on page 26, line 32 and inserting:
/SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. OTT explained the amendment.
The amendment was then adopted.
Rep. WILKES explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4349 (Word version) -- Reps. Bailey and Littlejohn: A BILL TO AMEND CHAPTER 59, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL BUILDERS, BY ADDING ARTICLE 4 SO AS TO REQUIRE A CERTIFICATE OF AUTHORIZATION FOR A FIRM TO PRACTICE RESIDENTIAL BUILDING, RESIDENTIAL SPECIALTY CONTRACTING AND HOME INSPECTING, TO ESTABLISH REQUIREMENTS FOR OBTAINING A CERTIFICATE, AND TO FURTHER PROVIDE FOR THE REGULATION OF SUCH FIRMS.
Reps. BAILEY and TOWNSEND proposed the following Amendment No. 2 (Doc Name NBD\AMEND\11846AC00), which was adopted:
Amend the bill, as and if amended, by deleting /residential builders, residential specialty contractors, or home inspectors/ and inserting /residential builders or residential specialty contractors/ on page 2, lines 1 through 2.
Amend the bill further, by deleting /Residential home builders, residential specialty contractors, or home inspectors/ and inserting /Residential home builders or residential specialty contractors/ on page 4, lines 21 through 22 .
Amend the bill further, by deleting /residential building, residential specialty contracting, or home inspecting/ and inserting /residential building or residential specialty contracting/ on page 2, lines 4 through 5, lines 22 through 23, and lines 38 through 39; on page 4, lines 23 through 24; and on page 5, lines 3 through 4.
Amend the bill further, by deleting /residential home building, residential specialty contracting, or home inspecting/ and inserting /residential home building or residential specialty contracting/ on page 2, lines 28 through 29, and lines 34 through 35; on page 3, lines 12 through 13, lines 32 through 33, and lines 41 through 42; on page 4, lines 4 through 5, lines 9 through 10, and lines 15 through 16.
Amend the bill further, by deleting /residential builder, residential specialty contractor, or home inspector/ and inserting /residential builder or residential specialty contractor/ on page 2, lines 14 through 15; and on page 4, lines 27 through 28.
Amend the bill further, by deleting /residential home builder, residential specialty contractor, or home inspector/ and inserting /residential home builder or residential specialty contractor/ on page 2 lines 36 through 37; and on page 4 lines 40 through 41.
Amend the bill further, Section 40-59-410(H) page 4, beginning on line 36 by deleting /A home inspector may supervise home inspecting services of the principal or branch office as long as the services are within the scope of home inspecting for which the individual is authorized to engage./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAILEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4723 (Word version) -- Reps. R. Smith, Clyburn, Sharpe and Perry: A BILL TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF VOTING PRECINCTS IN AIKEN COUNTY SO AS TO CHANGE THE NAME OF TOWN CREEK PRECINCT TO PINE FOREST PRECINCT.
Rep. R. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1919DW00), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION:
/ SECTION ___. Section 7-7-40(B) of the 1976 Code, as last amended by Act 285 of 1994, is further amended to read:
"(B) The precinct lines defining the precincts provided in subsection (A) of this section are as shown on the official map prepared by and on file with the Division of Research and Statistical Services of the State Budget and Control Board designated as document P-0394 P-0300 and as shown on certified copies of the official map provided by the division to the State Election Commission and the Aiken County Board of Elections and Registration." /
Renumber sections to conform.
Amend title to conform.
Rep. R. SMITH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4491 (Word version) -- Reps. Campsen, Edge, Wilkins, Allison, Altman, Barfield, Barrett, Beck, Cato, Cotty, Delleney, Easterday, Frye, Gilham, Hamilton, Harris, Harrison, Haskins, Huggins, Jennings, Leach, Limehouse, Loftis, Lucas, McGee, Meacham-Richardson, Perry, Quinn, Rice, Riser, Robinson, Rodgers, Sandifer, Simrill, D. Smith, Stille, Tripp, Vaughn, Witherspoon, Kelley and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170 ENACTING THE "GAMBLING CRUISE PROHIBITION ACT" SO AS TO PROHIBIT GAMBLING OR THE REPAIR OF GAMBLING DEVICES ON A VESSEL IN A VOYAGE THAT BEGINS AND ENDS WITHIN THIS STATE AND PROHIBIT THE OPERATION OF A VESSEL THAT TRANSPORTS PERSONS TO ANOTHER VESSEL FOR THE PURPOSE OF GAMBLING IF BOTH THE TRANSPORTING VESSEL AND THE VESSEL ON WHICH A GAMBLING DEVICE IS USED OR REPAIRED BEGINS AND ENDS ITS VOYAGE IN THIS STATE, AND TO PROVIDE DEFINITIONS AND PENALTIES FOR VIOLATION.
Rep. CAMPSEN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration:
H. 3430 (Word version) -- Reps. Rodgers, Knotts, Clyburn, Gourdine, McGee, McKay, Woodrum, Lloyd, Ott, Townsend and Gilham: A BILL TO AMEND SECTION 56-5-2585, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF DISABLED VETERANS FROM PAYMENT OF MUNICIPAL PARKING METER FEES, SO AS TO INCLUDE PURPLE HEART RECIPIENTS IN THE EXEMPTION.
Rep. TOWNSEND explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Concurrent Resolution was taken up:
H. 4010 (Word version) -- Reps. McGee, Simrill, Robinson, Haskins, Allen, Altman, Askins, Barrett, Campsen, Canty, Easterday, Gourdine, Hawkins, M. Hines, Limehouse, Maddox, McKay, Pinckney, Kelley, Leach, R. Smith, Rodgers and Gilham: A CONCURRENT RESOLUTION CONDEMNING AND DENOUNCING ALL SUGGESTIONS IN A RECENTLY PUBLISHED STUDY BY THE AMERICAN PSYCHOLOGICAL ASSOCIATION THAT SEXUAL RELATIONSHIPS BETWEEN ADULTS AND WILLING CHILDREN ARE LESS HARMFUL THAN BELIEVED AND MIGHT EVEN BE POSITIVE FOR WILLING CHILDREN AND URGING THE UNITED STATES CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO REJECT AND CONDEMN THE SUGGESTIONS MADE IN THIS RECENTLY PUBLISHED STUDY.
Whereas, children are a precious gift and responsibility; and
Whereas, maintaining the spiritual, physical, and mental well-being of children is our sacred duty; and
Whereas, no segment of our society is more critical to the future of human survival and society than our children; and
Whereas, it is the obligation of all public policymakers not only to support but also to defend the health and rights of parents, families, and children; and
Whereas, information endangering children is being made public and, in some instances, may be given unwarranted or unintended credibility through release under professional titles or through professional organizations; and
Whereas, elected officials have a duty to inform and counter actions they consider damaging to children, parents, families, and society; and
Whereas, sexual molestation of a child is a felony in this State and parents who sexually molest their children are considered to be unfit; and
Whereas, the American Psychological Association has recently published a study that suggests that sexual relationships between adults and willing children are less harmful than believed and might even be positive for "willing" children. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, condemns and denounces all suggestions in the recently published study by the American Psychological Association that indicates sexual relationships between adults and willing children are less harmful than believed and might even be positive for "willing" children and that the United States Congress and the President of the United States are urged to reject and condemn, in the strongest honorable written and vocal terms possible, any suggestion that sexual relations between children and adults are anything but abusive, destructive, exploitive, reprehensible, and punishable by law; and that the South Carolina General Assembly encourages competent investigations to continue to research the effects of child sexual abuse using the best methodology so that the public and public policymakers may act upon accurate information.
Be it further resolved that copies of this resolution be forwarded to the Honorable William Jefferson Clinton, President of the United States, the Honorable Al Gore, Jr., Vice President of the United States and President of the United States Senate, Majority Leader of the United States Senate, Speaker of the United States House of Representatives, and to the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 4138 (Word version) -- Reps. Askins, Leach and R. Smith: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 41-51 IN FLORENCE COUNTY AND WILLIAMSBURG COUNTY AS THE "W. ODELL VENTERS HIGHWAY" IN HONOR OF THE HONORABLE W. ODELL VENTERS WHO SERVED THE STATE OF SOUTH CAROLINA AND THE COUNTY OF FLORENCE WITH DISTINCTION AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FOR FIFTEEN YEARS; AND TO REQUEST THE DEPARTMENT TO ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.
Whereas, The Honorable W. Odell Venters was born March 29, 1917, in Johnsonville, South Carolina, to Willie and Lizzie (Abrams) Venters; and
Whereas, Odell Venters was educated in the public schools of Florence County; and
Whereas, July 4, 1970, he married Dorothy G. Eaddy of Johnsonville; and
Whereas, Mr. Venters was elected to the South Carolina House of Representatives in 1961 and served through 1968; and
Whereas, while during that time he served with distinction in the House of Representatives on the Labor, Commerce and Industry Committee and the Medical, Military, Public and Municipal Affairs Committee; and
Whereas, he was again elected to the House of Representatives in 1971 and served through 1977; and
Whereas, during this period of service to the House of Representatives he was an active member of the Ways and Means Committee; and
Whereas, Odell Venters served his native town of Johnsonville with distinction on the town council from 1950 through 1955 and was elected Mayor in 1955 and served through 1960; and
Whereas, Representative Odell Venters was a progressive and highly effective political leader of Florence County on the municipal, county, and statewide levels; and
Whereas, he helped recruit new industry into the area; and
Whereas, his wisdom and determined manner saw to it that his area of the State has benefited from the offices to which the citizens had elected him; and
Whereas, it is fitting and proper that that portion of South Carolina Highway 41-51 located from the municipal limits of Hemingway to the municipal limits of Johnsonville be named the "W. Odell Venters Highway" in honor of this distinguished South Carolinian. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, request the Department of Transportation to name that portion of South Carolina Highway 41-51 in Florence County and Williamsburg County from the municipal limits of Hemingway to the municipal limits of Johnsonville the "W. Odell Venters Highway" in honor of The Honorable W. Odell Venters who has served the State of South Carolina and the County of Florence with distinction as a member of the South Carolina House of Representatives for fifteen years; and to request the department to erect appropriate signs and markers reflecting this designation.
Be it further resolved that copies of this resolution be forwarded to The Honorable W. Odell Venters and to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 4434 (Word version) -- Reps. Haskins, Barrett, Cato, Fleming, Keegan, Littlejohn, Loftis, Phillips, Riser, Robinson and Taylor: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO AMEND THE CONSTITUTION OF THE UNITED STATES AND SUBMIT TO THE STATES FOR RATIFICATION AN AMENDMENT TO PROVIDE THAT NEITHER THE UNITED STATES SUPREME COURT NOR ANY INFERIOR COURT OF THE UNITED STATES HAS THE POWER TO INSTRUCT OR ORDER A STATE OR ITS POLITICAL SUBDIVISION OR OFFICIAL OF THE STATE OR SUBDIVISION TO LEVY OR INCREASE TAXES.
Whereas, separation of powers is fundamental to the United States Constitution and the power of the federal government is strictly limited; and
Whereas, under the United States Constitution, the states are to determine public policy; and
Whereas, it is the duty of the judiciary to interpret the law, not to create law; and
Whereas, our present federal government has strayed from the intent of our founding fathers and the United States Constitution through inappropriate federal mandates; and
Whereas, these mandates by way of statute, rule, or judicial decision have forced state governments to serve as the mere administrative arm of the federal government; and
Whereas, federal district courts, with the acquiescence of the United States Supreme Court, continue to order states to levy or increase taxes to comply with federal mandates, in violation of the United States Constitution and the legislative process; and
Whereas, the time has come for the people of this nation and their elected representatives in state government to reaffirm that the authority to tax under the Constitution of the United States is retained by the people who, by their consent alone, do delegate such power to tax explicitly to those elected representatives in the legislative branch of government whom they choose, and that the representatives are directly responsible and accountable to those who have elected them; and
Whereas, several states have petitioned the United States Congress to propose an amendment to the Constitution of the United States of America which was previously introduced in Congress; and
Whereas, the amendment seeks to prevent federal courts from levying or increasing taxes without representation of the people and against the people's wishes. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the Congress of the United States is hereby memorialized to amend the Constitution of the United States and submit to the states for ratification an amendment which adds a new article providing as follows:
"Neither the Supreme Court nor any inferior court of the United States shall have the power to instruct or order a state or political subdivision thereof, or an official of such a state or political subdivision, to levy or increase taxes."
Be it further resolved that a copy of this resolution be forwarded to the United States Senate, the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. RICE.
The following Bill was taken up:
H. 4017 (Word version) -- Ways and Means Committee: A BILL TO MAKE FINDINGS OF LEGISLATIVE INTENT WITH RESPECT TO THE SPECIAL NEEDS OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS TO MAINTAIN MAXIMUM FLEXIBILITY IN MANAGEMENT AND OPERATIONS; TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA SHALL CONSTITUTE THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY FOR THE MANAGEMENT AND OPERATION OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS IN ORDER TO PROVIDE A HIGH LEVEL OF MANAGEMENT AND OPERATIONAL FLEXIBILITY TO THE AUTHORITY AND REMOVE THE HOSPITALS AND CLINICS FROM CENTRAL STATE PROGRAM REGULATION OF PROCUREMENT, REAL PROPERTY, AND HUMAN RESOURCES, TO SET FORTH THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES AS THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY; TO AMEND SECTION 8-11-260, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE PERSONNEL POLICIES AND REQUIREMENTS, SO AS TO EXEMPT EMPLOYEES OF THE HOSPITALS AND CLINICS FROM BUDGET AND CONTROL BOARD PERSONNEL ADMINISTRATION; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO EXEMPT MEDICAL UNIVERSITY HOSPITAL AND CLINIC EMPLOYEES FROM THE STATE EMPLOYEE GRIEVANCE ACT; AND TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE PROCUREMENT CODE, SO AS TO ADD AN EXEMPTION TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS.
Rep. KEEGAN proposed the following Amendment No. 376 (Doc Name COUNCIL\GJK\AMEND\20934SD00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 59-123-60 of the 1976 Code, as amended by Part II, Section 78 of Act 100 of 1999 and by Act 116 of 1999, is further amended to read:
"Section 59-123-60. (A) The board of trustees shall elect one of its number to be chairman and is authorized to elect a university president, one or more vice-presidents, and a secretary, prescribe their duties and terms of office, and fix their compensation. It shall elect teachers of professorial rank in the various colleges which make up The Medical University of South Carolina and other officers and employees as may be necessary for the proper conduct of the university and fix their compensation, the fees and charges of students, and the rules for the government of the university. The board of trustees also has the following powers:
(1) to make bylaws and regulations considered expedient for the management of its affairs and its own operations not inconsistent with the Constitution and laws of this State or of the United States;
(2) to confer the appropriate degrees in medicine, dental medicine, pharmacy, nursing, health-related professions, and graduate studies in related health fields upon students and other persons as in the opinion of the board of trustees may be qualified to receive them.; and
(3) to make contracts and to have, to hold, to purchase, and to lease real estate and personal property for corporate purposes; and to sell and dispose of personal property and any buildings that are considered by it as surplus property or no longer needed and any buildings that it may need to do away with for the purpose of making room for other construction. These powers must be exercised in a manner consistent with the provisions of Chapter 35 of Title 11.
(B) All revenues of the Medical University of South Carolina, the Medical University Hospital, and any funds transferred to the Medical University for from a practice plan for faculty established in the College of Medicine, and any for-profit corporation established by the practice plan are considered public funds and must therefore be expended for a public purpose as that purpose is defined in the applicable state law and regulations. For purposes of this subsection, and in addition to all other applicable laws and regulations, public purposes also do not include expenditures for purchasing gifts, making political or other contributions, and reimbursing officers' and employees' travel and subsistence expenses in excess of those authorized by law for state employees away from their job site on official business.
(C) The provisions of the Freedom of Information Act apply to any practice plan entity established for the faculty whether or not for profit, the Medical University Hospital Authority, except that access is not allowed under this section to patient records or insurance information with respect to patients.
(D) No member Members of the Medical University Board, officers in the administration of the university, including deans of the various colleges, or a current or former president of the Medical University may own any interest in businesses or property acquired by the Medical University or any of its affiliates or subsidiaries nor may the aforementioned officers have a financial interest in a business contracting or subcontracting with the Medical University or any of its subsidiaries or affiliates while serving as members of the Hospital Authority and the officers and employees of the Hospital Authority, shall be subject to applicable state ethics and accountability provisions of law.
(E) As shall be provided in an implementing resolution by the Board of Trustees of the Medical University of South Carolina, the Board of Trustees of the Medical University of South Carolina is becomes the governing body of the Medical University Hospitals and Clinics hospitals, clinics, and other health care and related facilities (hereinafter 'hospital') as shall be determined from time to time by resolution of the board (hereinafter 'hospital'). Whenever the board functions in its capacity as the governing authority body of the hospital, the board of trustees is constituted and designated as the Medical University Hospital Authority, an agency of the State of South Carolina (hereinafter called authority). The board, as the governing body of the authority, has the powers granted the Board of Trustees of the Medical University of South Carolina under this chapter and the following powers:
(1) make and amend bylaws for its governance consistent with the purposes of this chapter;
(2) make bylaws for the management, regulation, and operation of the hospital;
(3)(a) make contracts and have, hold, purchase, and lease real estate and personal property for corporate purposes; and sell and dispose of personal property and any buildings that are considered by it as surplus property or no longer needed and any buildings that it may need to do away with for the purpose of making room for other construction. These contracts are exempt from the South Carolina Consolidated Procurement Code and Regulations, but the authority must adopt a procurement policy requiring competitive bidding for construction contracts, which must be filed with and approved by the State Budget and Control Board;
(b) make contracts and guarantees, to incur liabilities, to issue its notes, bonds, and other obligations, and secure any of its obligations by mortgage or pledge of any of its property, or income in a manner to be in the best interest of the authority; any guarantee or indebtedness of the authority shall not create an obligation of the State, nor shall such guarantee or indebtedness be considered a debt against the general revenue of the State;
(c) for the purpose of effectuating the provisions of subitem (b) above, utilize all provisions of the Hospital Revenue Bond Act. The issuance by the authority of any bonds, notes, or other obligations or indebtedness, except as provided in this subitem, shall be subject to the approval thereof by resolution of the State Budget and Control Board. Except for such approving resolution, the requirements of Section 44-7-1590 of the Hospital Revenue Bond Act shall be applicable to obligations issued by the authority. The authority may issue revenue anticipation notes and such notes shall have a maturity of not exceeding six months from date of issuance; and shall not exceed, in the aggregate, ten percent of the net patient service revenue for the fiscal year of the authority preceding the fiscal year in which such obligations are issued;
(4) receive contributions, donations, and payments and invest and disburse its funds; provided, however, that these funds are funds which must be used for public purposes, and further, that the authority may not use or authorize the use of funds, property, or time to influence the outcome of an election;
(5) construct, operate, and maintain the hospital and related premises, buildings and facilities, and infrastructure;
(6) appoint such officers, employees, personnel, and agents of the hospital authority and define such duties and fix their compensation in such manner as is necessary to carry out the hospital's authority's activities and affairs; the leave, holiday, and vacation policies of the authority's personnel and employees are exempt from Budget and Control Board personnel policies and applicable laws as they specifically relate to those policies; all personnel employed at by the hospital authority are exempt from the provisions of Article 5, Chapter 17 of Title 8, the State Employee Grievance Procedure, but the board shall adopt a grievance procedure substantially similar to the provisions of that article to govern personnel and employees of the hospital authority, and this procedure must be filed with and approved by the State Budget and Control Board. All employees of the hospital authority must be furnished a copy of this grievance procedure; all personnel employed at by the hospital authority are employees-at-will and are state employees for purposes of eligibility for participation in the South Carolina Retirement System, the State Health Insurance Group plans, and pursuant to the South Carolina Tort Claims Act;
(7) make pension payments to the South Carolina Retirement Systems on behalf of personnel or employees employed at by the hospital authority who qualify in the same manner as other state employees in the executive branch of government;
(8) pay contributions to the Office of Insurance Services for health and dental plans on behalf of personnel employed at by the hospital authority who qualify in the same manner as other state employees in the executive branch of government;
(9) receive, expend, and control under its own name and account any appropriated funds, federal funds, donations, and grants made available to the hospital authority; provided, however, that these funds are funds which must be used for a public purpose, and further that the authority may not use or authorize the use of funds, property, or time to influence the outcome of an election;
(10) conduct an annual fiscal audit by certified public accountants selected by the authority who shall review the accounts of the hospital authority and report such findings of the audit to the Governor and the General Assembly in accordance with generally accepted auditing standards;
(11) prepare and submit an annual budget to the General Assembly and the Budget and Control Board for review;
(12) establish management controls and staffing of personnel as the authority deems most appropriate for the prudent conduct of the activities and affairs of the hospital; provided, that they establish an internal audit function that would report directly to the authority;
(13) establish such not-for-profit corporations as the authority board considers necessary to assist the authority in carrying out its functions; provided, that any entity created pursuant to this subsection is considered to be an entity of the authority and subject to all laws and regulations applicable to the authority under this section. The formation of for-profit corporations by the authority is strictly prohibited;.
(14) upon(F) Upon review of the audit report required in Section 59-123-60(B)(E)(10), the legislature, by joint resolution, or the Governor, by Executive Order, may request audits to be completed by the State Auditors Office or the Legislative Audit Council. Based on the findings reported in the audit required in Section 59-123-60(B)(E)(10) by the State Auditors Office or by the Legislative Audit Council, the legislature, by joint resolution, may require intervention by the Budget and Control Board for the purposes of rectifying any material findings reflected in the audits;.
(15)(G) a trustee serving on the Board of Trustees of the Medical University Hospitals and Clinics, a A member of the Medical University Board, an officer in the administration of the university, including deans of the various colleges, the President of the Medical University, or any other officer of the authority or any of its affiliates who have been found guilty of malfeasance, misfeasance, incompetence, absenteeism, conflict of interest, misconduct, persistent neglect of duty in office, or incapacity shall be subject to removal by the Governor upon any of the foregoing causes being made to appear to the satisfaction of the Governor. But before removing any such person, the Governor shall inform him in writing of the specific charges against him and give him an opportunity on reasonable notice to be heard. The Governor shall appoint a successor to fill the vacancy created by his removal. The successor appointed by the Governor is to serve in that position until a successor is elected and qualified in accordance with Section 59-123-50;.
(16)(H) the Medical University Hospitals and Clinics The authority shall offer and provide to the Medical University of South Carolina the services necessary for the training and education of health professionals;
(17)(I) Beginning in fiscal year 2000-2001 state appropriations to the Medical University of South Carolina for support of the Medical University hospitals and clinics shall be redirected to the Department of Health and Human Services. These funds shall be used as match funds for the disproportionate share for Hospitals the hospital's federal program. Any excess funding may be used for hospital base rate increases. Beginning in fiscal year 2000-2001 and in subsequent years, the Department of Health and Human Services shall pay to the Medical University of South Carolina Hospital Authority an amount equal to the amount appropriated for its disproportionate share to the Department of Health and Human Services. This payment shall be in addition to any other funds that are available to the authority from the Medicaid program inclusive of the disproportionate share for the hospital's federal program. The Medical University Hospitals and Clinics authority shall continue to be operate the hospital as a health provider for the citizens of South Carolina and the clinical site for the education and training programs of the Medical University of South Carolina.
(J) The board, as the governing body of the authority, shall adopt a written policy for the hospital for the expenditure of public funds. Public funds may be expended for events which recognize academic and research excellence and noteworthy accomplishments of members of the faculty and staff, students, and distinguished guests of the authority. Sources of the funds for these expenditures include only nonappropriated state funds. The expenditure of funds from these sources pursuant to the written policy of the board for the purpose stated in this section are considered to meet the public purpose test for expenditure of public funds.
(K) The authority and its permanent improvements and the financing thereof shall be exempt from the provisions of Chapter 47 of Title 2, and the leasing of property and the granting of easements and rights of way by the authority shall be exempt from the provisions of Sections 1-11-55, 1-11-56, 1-11-57(1), and 10-1-130.
(L) The authority and the Board of Trustees as the governing body of the authority shall succeed to all of the rights, duties, and obligations of the Medical University of South Carolina and the Board of Trustees, respectively, as owner and operator of the hospital. All property, real, personal, tangible, or intangible (including, without limitation, deposits, investments, and accounts receivable) of the Medical University relating to the hospital shall be and become the property of the authority. The Medical University and its officers are authorized to execute and deliver such instruments of conveyance or agreements as may be determined by the board to be necessary or useful to effect or evidence such transfer."
SECTION 2. Section 8-11-260 of the 1976 Code, as last amended by Act 452 of 1994, is further amended by adding a new item to be appropriately lettered to read:
"( ) Employees of the Medical University Hospital Authority."
SECTION 3. Section 8-17-370 of the 1976 Code, as last amended by Act 284 of 1996, is further amended by adding a new item to be appropriately numbered to read:
"( ) Employees of the Medical University Hospital Authority, provided the Medical University Hospital Authority has promulgated an employee grievance plan in accordance with its enabling provision."
SECTION 4. Section 11-35-710 of the 1976 Code, as last amended by Act 153 of 1997, is further amended by adding a new item to be appropriately lettered to read:
"( ) Medical University Hospital Authority, provided the Medical University Hospital Authority has promulgated a procurement process in accordance with its enabling provision."
SECTION 5. If any term or provision of a section of this act is found to be illegal, unconstitutional, or unenforceable, the remainder of this act is to remain in full force and effect and the illegal, unconstitutional, or unenforceable term or provision is deemed severable from the other provisions of this act.
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to read:
/TO AMEND SECTION 59-123-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, AND THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA CONSTITUTING THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY FOR THE MANAGEMENT AND OPERATION OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS, SO AS TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD ACTING AS THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY AND FOR OTHER MATTERS PERTAINING TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND THE AUTHORITY INCLUDING FREEDOM OF INFORMATION ACT PROVISIONS AND THE EXPENDITURE, RECEIPT, AND TRANSFER OF CERTAIN FUNDS AND STATE APPROPRIATIONS; AND TO PROVIDE THAT THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY SHALL BE THE SUCCESSOR TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA HOSPITAL; TO AMEND SECTION 8-11-260, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE PERSONNEL POLICIES AND REQUIREMENTS, SO AS TO EXEMPT EMPLOYEES OF THE HOSPITALS AND CLINICS FROM BUDGET AND CONTROL BOARD PERSONNEL ADMINISTRATION; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO EXEMPT MEDICAL UNIVERSITY HOSPITAL AUTHORITY EMPLOYEES FROM THE STATE EMPLOYEE GRIEVANCE ACT; AND TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE PROCUREMENT CODE, SO AS TO ADD AN EXEMPTION TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KEEGAN explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 377 (Doc Name COUNCIL\GJK\AMEND\20981SD00), which was adopted:
Amend the bill, as and if amended, in subsection (A) of Section 59-123-60 as contained in Section 1, by inserting immediately after the second sentence of the subsection / In selecting university vice presidents, the secretary, teachers of professional rank in the various colleges, and other officers and employees it is authorized to select, the board shall receive the advice, input, and recommendation if desired of the university president. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. KEEGAN explained the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Campsen Canty Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Hamilton Harrell Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Hosey Huggins Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox McCraw McGee McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Neilson Ott Parks Perry Phillips Rhoad Rice Robinson Rodgers Rutherford Sandifer Seithel Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. DAVENPORT moved to adjourn debate upon the following Bill until Thursday, March 9, which was adopted:
S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND WHETHER OR NOT IT HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION OR ANNEXATION PROVIDED THE DISTANCE FROM HIGHLAND TO HIGHLAND OF THE AREA BEING INCORPORATED OR ANNEXED IS NOT GREATER THAN ONE MILE.
The following Bill was taken up:
H. 4470 (Word version) -- Reps. Cato, Battle, J. Brown, Cobb-Hunter, Harrison, Kirsh, Knotts, Leach, McCraw, Meacham-Richardson, Miller, Riser, Rodgers, Sandifer, R. Smith, Taylor, Walker, Bowers, Edge, Koon, McKay, Tripp, T. Brown and Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO PROVIDE THAT THE KNOWING ACCEPTANCE OF PAYMENT FOR AN INSURANCE REFERRAL FROM A SERVICE PROVIDER, THE KNOWING PAYMENT BY A SERVICE PROVIDER FOR A REFERRAL, AND THE REGULAR PRACTICE BY A SERVICE PROVIDER OF WAIVING OR REBATING ALL OR PART OF A CLAIMANT'S CASUALTY OR PROPERTY INSURANCE DEDUCTIBLE ARE UNFAIR TRADE PRACTICES; AND TO AMEND SECTION 39-5-40, RELATING TO THE PRACTICES TO WHICH THIS ARTICLE DOES NOT APPLY, SO AS TO PROVIDE AN EXCEPTION THAT THE PRACTICES DESCRIBED IN SECTION 39-5-170 MAY BE REGULATED BY CHAPTER 57 OF TITLE 38 AND THIS ARTICLE.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name NBD\AMEND\11711AC00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 39-5-170. It is an unfair trade practice and unlawful for a person who is engaged in the motor vehicle body or other motor vehicle repair business to:
(1) offer or make a payment to a third person for the third person's referral of an insurance claimant to the motor vehicle body or other motor vehicle repair business for motor vehicle repairs; or
(2) to waive, rebate, give, or pay all or part of an insurance claimant's casualty or property insurance deductible as consideration for selecting the motor vehicle body or other motor vehicle repair business."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LAW explained the amendment.
The amendment was then adopted.
Rep. PINCKNEY proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\AMEND\3727MM00), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION . The Confederate Flag shall be removed from atop the State House, from the front ground floor foyer of the State House, and from the chambers of the Senate and the House of Representatives./
Renumber sections to conform.
Amend title to conform.
Rep. EASTERDAY raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
SPEAKER PRO TEMPORE HASKINS sustained the Point of Order and ruled the amendment out of order.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Breeland Brown, H. Brown, J. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Frye Gamble Gilham Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack McCraw McGee McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neilson Parks Perry Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Simrill Smith, D. Smith, F. Smith, J. Stille Stuart Taylor Trotter Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Bowers Neal, J.H. Sheheen
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
S. 1108 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO SETTLEMENT BY AGREEMENT AND FINAL RELEASE AND RELATING TO REPORTING ATTORNEYS' FEES FOR APPROVAL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2470, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. PINCKNEY proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\AMEND\3728MM00), which was ruled out of order:
Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION . The Confederate Flag shall be removed from atop the State House, from the front ground floor foyer of the State House, and from the chambers of the Senate and the House of Representatives./
Renumber sections to conform.
Amend title to conform.
Rep. RICE raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Joint Resolution.
SPEAKER PRO TEMPORE HASKINS sustained the Point of Order and ruled the amendment out of order.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Askins Bailey Bales Barfield Barrett Brown, H. Brown, J. Brown, T. Campsen Canty Cato Chellis Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Hamilton Harrell Harris Harrison Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Howard Inabinett Jennings Keegan Kirsh Klauber Law Leach Lee Limehouse Littlejohn Lloyd Lourie Lucas McCraw McGee McLeod, W. Meacham-Richardson Miller Neal, J.H. Neilson Parks Perry Quinn Rice Riser Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, J. Stille Stuart Taylor Tripp Trotter Walker Wilder Woodrum
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
The following Bill was taken up:
S. 139 (Word version) -- Senators Peeler, Giese, Leventis, Russell and Reese: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 32 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR BODY PIERCING IN THIS STATE, INCLUDING PROVISIONS FOR REGISTRATION, PAYMENT OF FEES, INSPECTIONS, CIVIL PENALTIES, AND CRIMINAL OFFENSES AND PENALTIES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11769AC00):
Amend the bill, as and if amended, page 6 by deleting lines 13 through 21 and inserting:
/ Section 44-32-90. A person who fails to register as provided by Section 44-32-40 or violates the sterilization, sanitation, and safety standards on or after July 1, 2000, is subject to a civil penalty of five hundred dollars for each violation. This penalty may be collected in an action brought by the city attorney or the solicitor of the judicial circuit in which the violation occurred. All penalties collected must be remitted to the general fund of the State and there credited to the Department of Health and Environmental Control./
Amend the bill further, Section 44-32-120 page 7 immediately after line 7 by inserting /(G) All fines collected must be remitted to the State Treasurer to be credited to the Department of Health and Environmental Control in a separate and distinct account to be used solely to carry out and enforce the provisions of this chapter./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MACK explained the amendment.
Rep. KNOTTS moved to adjourn debate on the Bill until Wednesday, March 22.
Rep. MACK moved to table the motion, which was rejected.
The question then recurred to the motion to adjourn debate until Wednesday, March 22, which was agreed to.
The following Joint Resolution was taken up:
S. 924 (Word version) -- Senators Setzler, Moore, Mescher, Saleeby, Thomas, Giese, Courson, Short, Bauer, O'Dell, Alexander, Land, Washington, Elliott, Holland, Reese, Leatherman, Passailaigue, Hayes, McConnell, Leventis, Rankin and Glover: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED ON EITHER SEPTEMBER 14, 15, 16, OR 17, 1999, BY THE STUDENTS OF ANY SCHOOL OF ANY DISTRICT OF THIS STATE DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO HURRICANE FLOYD ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1847DW00), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Notwithstanding any other provisions of law, for the 1999-2000 school year, local school boards may excuse up to three school days missed because of snow, ice, or other extreme weather conditions. All other school days missed because of snow, ice, or extreme weather conditions must be made up. Should local legislation be enacted to excuse days missed from school, additional days to exceed a total of three shall not be granted by the local school board. No make-up days for students may be scheduled on Saturdays. However, remedial instruction for grades 7 through 12 may be taught on Saturday at the direction of the local school board.
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. WALKER explained the amendment.
Rep. ALTMAN spoke against the amendment.
Rep. TOWNSEND spoke in favor of the amendment.
Rep. WALKER spoke in favor of the amendment.
Rep. ALTMAN moved to table the amendment.
Rep. WALKER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Fleming Frye Haskins Klauber Lanford Parks Perry Rice Robinson Scott Sharpe Stille
Those who voted in the negative are:
Allen Allison Askins Bailey Bales Barfield Barrett Battle Bowers Brown, H. Brown, T. Cato Chellis Clyburn Cobb-Hunter Cotty Dantzler Davenport Delleney Easterday Edge Emory Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Inabinett Jennings Keegan Kelley Kennedy Kirsh Knotts Koon Law Leach Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox McCraw McGee McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Phillips Riser Rodgers Rutherford Sandifer Seithel Sheheen Simrill Smith, F. Smith, J. Smith, R. Stuart Taylor Townsend Tripp Walker Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. GAMBLE proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\AMEND\3734MM00), which was ruled out of order:
Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION . A school district of this State which takes advantage of the exemption granted herein or pursuant to other acts of the General Assembly in regard to school year 1999-2000 for missed school days due to extreme weather or other circumstances, must allocate three days in each school year calendar, beginning in school year 2000-2001 and thereafter, for making up days missed due to extreme weather or other circumstances and the district must exhaust those days before seeking an exemption for additional missed school days. /
Renumber sections to conform.
Amend title to conform.
Rep. GAMBLE explained the amendment.
Rep. TOWNSEND raised the Point of Order that Amendment No. 2 was out of order under Rule 10.3 (1) c. in that the amendment was a permanent change to law, but the Joint Resolution was only a temporary measure.
Rep. ROBINSON argued contra.
SPEAKER WILKINS stated that the wording of the amendment affected school year 2000-2001 and every year thereafter. He therefore sustained the Point of Order and ruled the amendment out of order.
Rep. GAMBLE proposed the following Amendment No. 3 (Doc Name COUNCIL\DKA\AMEND\3734MM00), which was adopted:
Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION . A school district of this State which takes advantage of the exemption granted herein or pursuant to other acts of the General Assembly in regard to school year 1999-2000 for missed school days due to extreme weather or other circumstances, must allocate three days in each school year calendar, beginning in school year 2000-2001, for making up days missed due to extreme weather or other circumstances and the district must exhaust those days before seeking an exemption for additional missed school days. /
Renumber sections to conform.
Amend title to conform.
Rep. GAMBLE explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Bailey Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, T. Campsen Canty Cato Chellis Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Easterday Edge Emory Gamble Gilham Gourdine Hamilton Harrell Harris Harrison Harvin Hawkins Hayes Hines, J. Hines, M. Hinson Howard Jennings Keegan Kelley Kirsh Knotts Koon Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mack Maddox McCraw McGee McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Neilson Ott Parks Phillips Quinn Riser Rodgers Rutherford Sandifer Scott Seithel Simrill Smith, J. Smith, R. Stuart Taylor Townsend Tripp Trotter Walker Whatley Whipper Wilder Wilkes Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Altman Brown, J. Fleming Frye Haskins Klauber Lanford Perry Rice Robinson Sheheen Stille
So, the Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4657 (Word version) -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-135 SO AS TO PROVIDE THAT LOCAL SCHOOL BOARDS OF TRUSTEES ARE ENCOURAGED TO DEVELOP POLICIES ADDRESSING CHARACTER EDUCATION; TO PROVIDE FOR THE MANNER IN WHICH THESE POLICIES SHALL BE DEVELOPED, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL FURNISH ASSISTANCE TO SCHOOL DISTRICTS IN THIS REGARD.
Rep. WALKER explained the Bill.
Rep. M. MCLEOD moved that the House do now adjourn.
Rep. SANDIFER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bowers Breeland Brown, G. Clyburn Cobb-Hunter Gourdine Hines, M. Hosey Inabinett Lee Lloyd Mack McLeod, M. McLeod, W. Moody-Lawrence Pinckney Rutherford Wilkes
Those who voted in the negative are:
Allison Askins Bailey Bales Barfield Barrett Battle Brown, H. Brown, J. Campsen Cato Chellis Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Hamilton Harrell Harris Harvin Haskins Hayes Hines, J. Hinson Howard Huggins Jennings Keegan Kelley Kirsh Klauber Koon Lanford Law Leach Limehouse Littlejohn Loftis Lourie Lucas Maddox Martin McGee Meacham-Richardson Miller Neilson Ott Parks Perry Phillips Rice Robinson Rodgers Sandifer Scott Seithel Sheheen Simrill Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Tripp Trotter Walker Webb Whatley Wilder Wilkins Woodrum Young-Brickell
So, the House refused to adjourn.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Bales Barfield Barrett Battle Breeland Brown, G. Brown, H. Brown, T. Campsen Cato Chellis Clyburn Cooper Cotty Dantzler Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Hayes Hines, J. Hinson Hosey Howard Inabinett Jennings Keegan Kelley Kirsh Klauber Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McLeod, M. McLeod, W. Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Pinckney Rhoad Rice Robinson Rodgers Rutherford Sandifer Scott Seithel Simrill Smith, F. Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Walker Webb Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
I was not present to vote for H. 4657, due to health reasons. I would have voted for the bill if I had been present.
Rep. Marion Carnell
Rep. FLEMING moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4747 (Word version) -- Reps. Battle and G. Brown: A CONCURRENT RESOLUTION SALUTING THE LATE D. TRAVIS (DOC) TAYLOR OF BRITTONS NECK, MARION COUNTY, AND ALL OF THE TAYLOR FAMILY AND DESCENDANTS, ON THE OCCASION OF THE NAMING OF STATE ROAD 34-86 IN MARION COUNTY AS THE "D. TRAVIS (DOC) TAYLOR ROAD" IN RECOGNITION OF MR. TAYLOR'S NUMEROUS CONTRIBUTIONS TO HIS COMMUNITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4748 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 50-3-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WILDLIFE ENDOWMENT FUND, SO AS TO DELETE SPECIFIC STATUTORY REFERENCES TO THE SOURCE OF FUNDS; TO AMEND SECTION 50-3-790, AS AMENDED, RELATING TO INCREASES IN EXISTING LIFETIME LICENSE FEES, SO AS TO PROVIDE THAT THE PERCENTAGE OF INCREASE FOR ANNUAL LICENSES MAY BE APPLIED TO EXISTING LIFETIME LICENSE FEES; TO AMEND SECTION 50-9-550, AS AMENDED, RELATING TO FRESHWATER FISHING PERMITS, SO AS TO PROVIDE THAT A RESIDENT MAY PURCHASE A SPECIAL PERMIT TO FISH WITH NONMANUFACTURED TACKLE OR NATURAL BAIT IN LIEU OF AN ANNUAL FISHING LICENSE; TO AMEND SECTION 50-11-20, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO CHANGE A REFERENCE; TO AMEND SECTION 50-20-30, AS AMENDED, RELATING TO STAMPS AND PERMITS REQUIRED FOR SALTWATER FISHING SO AS TO DELETE PROVISIONS FOR THE MARINE RECREATIONAL FISHING STAMP AND PROVIDE FOR A PERMIT FOR FISHING IN SALT WATERS; TO AMEND SECTION 50-20-50, AS AMENDED, RELATING TO THE SALE OF STAMPS AND PERMITS, SO AS TO STRIKE "STAMP" AND INSERT "LICENSE"; TO AMEND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM STAMP REQUIREMENTS SO AS TO PROVIDE FOR EXCEPTIONS FROM LICENSE REQUIREMENTS; TO AMEND SECTION 50-20-70, AS AMENDED, RELATING TO RECIPROCAL RECOGNITION OF RECREATIONAL FISHING LICENSES OF OTHER COASTAL STATES, SO AS TO DELETE LANGUAGE RELATING TO STAMPS; TO AMEND SECTION 50-20-80, AS AMENDED, RELATING TO SALE OF COMMEMORATIVE STAMPS, SO AS TO DELETE CERTAIN OBSOLETE LANGUAGE; TO AMEND SECTION 50-20-100, AS AMENDED, RELATING TO SPECIAL ACCOUNTS FOR FUNDS FROM THE SALE OF STAMPS, PERMITS, AND PRINTS, SO AS TO INCLUDE THE SALE OF LICENSES; AND TO AMEND SECTION 50-20-110, AS AMENDED, RELATING TO THE MARINE RECREATIONAL FISHERIES ADVISORY BOARD SO AS TO INCLUDE LICENSES WITHIN THE SOURCE OF FUNDS FROM WHICH THE BOARD'S EXPENSES ARE PAID.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4749 (Word version) -- Reps. Bowers and Pinckney: A BILL TO AMEND SECTION 59-20-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE EDUCATION FINANCE ACT, SO AS TO REVISE THE DEFINITION OF "INDEX OF TAXPAYING ABILITY" BY FURTHER PROVIDING FOR THE MANNER IN WHICH THE ASSESSED VALUE OF PROPERTY IN A SCHOOL DISTRICT OWNED BY A PERSON IN BANKRUPTCY STATUS SHALL BE INCLUDED WITHIN THE "INDEX OF TAXPAYING ABILITY".
Referred to Committee on Ways and Means
H. 4750 (Word version) -- Reps. Simrill, Kirsh and Meacham-Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 19 TO TITLE 37 SO AS TO ENACT THE "PYRAMID AND CHAIN SCHEMES ACT", TO DEFINE AND PROHIBIT A PYRAMID DISTRIBUTION SCHEME, AND TO PROVIDE FOR CIVIL REMEDIES AND CRIMINAL PENALTIES FOR VIOLATIONS OF THE PROHIBITION.
Referred to Committee on Judiciary
H. 4751 (Word version) -- Reps. Fleming, Allison, Altman, Cooper, Davenport, Keegan, Kelley, Koon, Lanford, Martin and Riser: A BILL TO AMEND SECTION 7-13-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLITICAL ACTIVITY OF MEMBERS OF LOCAL ELECTION COMMISSIONS, SO AS TO CLARIFY THAT A PERSON MAY PARTICIPATE ONLY IN THE POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN OVER WHICH THE PERSON HAS NO JURISDICTION.
Rep. FLEMING asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. LLOYD objected.
Referred to Committee on Judiciary
H. 4752 (Word version) -- Reps. J. Brown, Cobb-Hunter, Wilkins, Cotty, McCraw, Edge, Hayes, Fleming, Phillips, Lourie, Allen, Askins, Bailey, Barfield, Battle, Bowers, Breeland, G. Brown, T. Brown, Canty, Carnell, Cato, Chellis, Dantzler, Emory, Frye, Gamble, Gilham, Gourdine, Harris, Hawkins, J. Hines, M. Hines, Hinson, Hosey, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Klauber, Koon, Law, Limehouse, Lloyd, Mack, Martin, W. McLeod, McMahand, Moody-Lawrence, J. H. Neal, Ott, Parks, Riser, Rodgers, Rutherford, Seithel, Sharpe, Simrill, R. Smith, Stille, Stuart, Taylor, Wilder and Young-Brickell: A BILL TO AMEND SECTION 40-33-950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INACTIVE LICENSE STATUS FOR NURSES, SO AS TO CREATE A VOLUNTEER LICENSE FOR RETIRED NURSES TO USE IN DONATING THEIR SERVICES TO CHARITABLE ORGANIZATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4753 (Word version) -- Reps. Altman, Robinson, Barfield, Cato, Gilham, Leach, Limehouse, Littlejohn, McGee, Meacham-Richardson, Rhoad, Riser, Stille and Young-Brickell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3525 SO AS TO AUTHORIZE STATE INCOME TAX CREDITS UP TO FIVE HUNDRED DOLLARS A YEAR ON A PHASED-IN BASIS FOR CONTRIBUTIONS MADE TO PUBLIC SCHOOLS FOR SCHOOL SUPPORT AND TO NONPROFIT SCHOLARSHIP FUNDING ORGANIZATIONS THAT PROVIDE SCHOLARSHIPS FOR CHILDREN TO ATTEND A SCHOOL OF THEIR CHOICE.
Referred to Committee on Ways and Means
Rep. RODGERS asked unanimous consent to recall S. 936 from the Committee on Judiciary.
Rep. COBB-HUNTER objected.
On motion of Rep. PINCKNEY, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 936 (Word version) -- Senators Cork and Richardson: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO ADD SUN CITY 2 AND SUN CITY 3 TO THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE NEW PRECINCTS ARE DELINEATED.
Rep. DAVENPORT moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3992 (Word version) -- Reps. Hamilton, Cato, Easterday, Leach, Loftis, McMahand, Rice, Tripp, Vaughn and Wilkins: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 253 FROM ITS INTERSECTION WITH REID SCHOOL ROAD TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 290 IN GREENVILLE COUNTY IN HONOR OF REVEREND JAMES H. THOMPSON, AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THIS DESIGNATION.
H. 4368 (Word version) -- Reps. Davenport, Vaughn and Altman: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION PLACE SIGNS THAT CONTAIN THE CAPTION "SHERMAN COLLEGE" AND THAT INDICATE THE DIRECTION TO THE COLLEGE ON INTERSTATE 26 AT EXITS 15 AND 16, AND ON INTERSTATE 85 AT EXIT 72.
H. 4722 (Word version) -- Reps. Webb, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO HEAD FOOTBALL COACH TOMMY BOWDEN OF CLEMSON UNIVERSITY, ON THE OCCASION OF BEING NAMED THE 1999 ACC COACH OF THE YEAR.
H. 4733 (Word version) -- Reps. Govan, Breeland, Scott, Ott, Cobb-Hunter, Stuart, Sharpe, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF WALTER L. SALTERS, PH.D., OF ORANGEBURG COUNTY AND EXTENDING DEEPEST SYMPATHY TO HIS WIDOW, GRACE HEYWARD SALTERS, PH.D., DAUGHTER, OTHER FAMILY MEMBERS, AND MANY FRIENDS.
H. 4734 (Word version) -- Reps. Scott, Howard, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING DEACON FLOYD GORDON, SR., OF RICHLAND COUNTY FOR MORE THAN THIRTY YEARS OF DEDICATED SERVICE AS CHAIRMAN OF THE NEW EBENEZER BAPTIST CHURCH DEACON BOARD AND FOR HIS COMMITMENT TO SERVING HIS NATION, STATE, AND COMMUNITY.
H. 4742 (Word version) -- Reps. Harvin, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE LARRY G. ELLIS, THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA STATE EMPLOYEES ASSOCIATION, ON HIS RETIREMENT AFTER THIRTY YEARS OF LOYAL SERVICE TO THE ASSOCIATION AND THE EMPLOYEES OF THIS STATE, TO PUBLICLY RECOGNIZE HIS DEDICATION TO PROMOTING THE WORK OF SOUTH CAROLINA STATE EMPLOYEES BY INCREASING AWARENESS AND IMPROVING THE PUBLIC PERCEPTION OF THE JOBS STATE EMPLOYEES DO, AND TO EXTEND BEST WISHES TO HIM FOR A HEALTHY AND ACTIVE RETIREMENT.
H. 4745 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO JOIN HIS FRIENDS AND FAMILY AT DEDICATION CEREMONIES IN LEE STATE PARK IN CELEBRATING THE LIFE OF THE LATE R. W. "BOB" MERCK OF LEE COUNTY AND HIS TWENTY-FIVE YEARS OF SERVICE TO PRESERVING THE NATURAL RESOURCES OF LEE COUNTY IN HIS ROLE AS COMMISSIONER AND CHAIRMAN OF THE LEE COUNTY SOIL AND WATER CONSERVATION DISTRICT.
H. 4735 (Word version) -- Rep. Wilkins: A CONCURRENT RESOLUTION TO COMMEND THE YOUTH OF SOUTH CAROLINA WHO ARE LEADERS AND POSITIVE ROLE MODELS IN THEIR COMMUNITIES AND THE ADULTS WHO ARE WORKING TOGETHER TO HELP THESE YOUNG PEOPLE MOLD AND BUILD THE FUTURE OF OUR STATE, ON THE OCCASION OF THE OBSERVANCE AND CELEBRATION OF SOUTH CAROLINA'S YOUTH LEADERSHIP WEEK 2000, FEBRUARY 28 - MARCH 3.
At 12:35 p.m. the House, in accordance with the motion of Rep. BREELAND, adjourned in memory of Dr. Walter L. Salters of Orangeburg, to meet at 10:00 a.m. tomorrow.
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